[Protest of Census Rejection of Bid as Nonresponsive]

B-236819: Dec 8, 1989

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A firm protested the rejection of its bid as nonresponsive under a Bureau of the Census solicitation for boiler replacement, contending that: (1) its commitment to the delivery requirements was not ambiguous, since it agreed to them when it signed the bid; (2) the Bureau informed it that taking exception to the requirements was acceptable; and (3) it submitted a technically acceptable product alternative. GAO held that the Bureau properly rejected the protester's bid, since: (1) its commitment to meet the delivery requirements was ambiguous; (2) its alternate product did not meet two specifications requirements; and (3) a nonresponsive bid may not be cured by post-bid opening explanations. Accordingly, the protest was denied.