Contract Based on Offer Not Conforming to Request for Proposals

The protester objected to the award of a contract negotiated under a request for proposals, contending that the bid sample furnished by the awardee did not meet the stitching specifications. The contract for coveralls was based on an offer not conforming to the solicitation in that the stitching in the required sample was single instead of double, and the contractor had submitted the same nonconforming offer on 10 requests for proposals in the past which resulted in contracts. The contract was not a nullity, and the protest was denied.