[Protest of Commerce Rejection of Bid as Nonresponsive]

B-237299: Feb 5, 1990

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A firm protested the Department of Commerce's rejection of its bid and subsequent contract award for self-contained air conditioners, contending that Commerce improperly: (1) rejected its bid as nonresponsive, since it submitted all of the required descriptive literature; and (2) evaluated its bid, since Commerce held discussions with the other bidders in order to disqualify its bid. GAO held that: (1) Commerce properly rejected the protester's bid as nonresponsive, since it failed to submit all of the required descriptive literature and its product failed to conform to the specifications; and (2) the protester failed to show that Commerce engaged in discussions with the other bidders in order to disqualify its bid. Accordingly, the protest was denied.

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