[Protest of GSA Rejection of Bid for Rollerball Pens]

B-252299: Jun 11, 1993

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A firm protested the General Services Administration's (GSA) rejection of its bid as nonresponsive, contending that: (1) GSA improperly tested its products; (2) the solicitation failed to adequately define evaluation criteria; and (3) GSA previously tested and accepted its products. GAO held that: (1) GSA properly evaluated the protester's product in accordance with solicitation specifications; (2) the protester untimely filed its protest concerning the evaluation criteria after bid opening; (3) GSA acceptance of the protester's products under previous contracts did not bind it to accept nonconforming items under the subsequent contract; and (4) GSA properly rejected the protester's bid as nonresponsive. Accordingly, the protest was dismissed in part and denied in part.

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