[Protest of FAA Rejection of Bid for Fiberglass Equipment Shelters]

B-228515: Jan 11, 1988

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A firm protested the Federal Aviation Administration's (FAA) rejection of its bid for fiberglass equipment shelters as nonresponsive, contending that: (1) its descriptive literature stated that it offered a product which met or exceeded the specifications; (2) its shelters had been acceptable under similar procurements; (3) the awardee's bid was nonresponsive; and (4) the solicitation specifications were unduly restrictive and reflected a bias for the awardee's shelters. GAO held that: (1) FAA properly rejected the bid, since the protester's descriptive literature indicated nonconformance with the solicitation requirements; (2) an agency's waiver of a requirement on a prior procurement did not affect the instant procurement; (3) the awardee's descriptive literature showed that its product complied with the solicitation requirements; and (4) the protester untimely filed its protest concerning solicitation improprieties. Accordingly, the protest was denied in part and dismissed in part.

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