[Protest of Navy Contract Award for Fence Demolition and Construction]
B-258876: Feb 21, 1995
- Full Report:
A firm protested a Navy contract award for fence demolition and construction, contending that the Navy should have rejected the awardee's bid as nonresponsive, since the awardee attached conditions to its bid that were inconsistent with the solicitation's specifications. GAO held that the: (1) awardee's bid was nonresponsive, since it called for the continuous availability of a storage area contrary to the solicitation's specifications; (2) availability of the storage area was material and substantially affected bid prices; and (3) Navy should have rejected the awardee's nonresponsive bid. Accordingly, the protest was sustained and GAO recommended that the Navy either: (1) reject the awardee's bid and make award to the next low responsible bidder; or (2) amend the solicitation to remove the storage limitation, if appropriate, and resolicit the requirement. GAO also recommended that the Navy reimburse the protester for its protest costs.