[Protest of Army Rejection of Bid as Nonresponsive]

B-224026: Nov 3, 1986

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A firm protested the Army's rejection of its bid as nonresponsive under a solicitation for construction work. GAO noted that the protester omitted a price for an item, although it acknowledged the amendment that added the item. The protester contended that: (1) since the basis for award was the total bid price, its failure to state a separate price for an item was immaterial; (2) there was no uncertainty regarding its obligation to perform the work in question, since it had acknowledged the amendment; and (3) the Army failed to give it prompt notification of the award. GAO held that: (1) a contracting agency may reject any bid that on its face fails to comply with all the solicitation requirements at the offered price; (2) the Army could not waive the defect in the protester's bid since the Army's estimated item price, added to the protester's bid, caused the protester's bid to exceed the next lowest bid; and (3) since the Army properly rejected its bid, the protester was not prejudiced by any delay in notification. Accordingly, the protest was denied.