Protest Against Cancellation of Invitation for Bids

B-204614: Mar 11, 1982

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A firm protested the District of Columbia's determination to cancel an invitation for bids (IFB). The District determined that all bidders were ineligible for award, because some bidders submitted nonresponsive bids and other bidders were not regular dealers within the meaning of applicable law. The protester contended that the District did not follow applicable procedures in determining that it was not a regular dealer. However, although the IFB provided that the District would not pay demurrage charges, the protester's bid stated that it would not be responsible for demurrage charges. GAO held that the protester was required to submit its bid in accordance with the terms of the IFB or protest those terms prior to bid opening. Thus, the protester's bid was nonresponsive, and the protester was not eligible for award. Therefore, GAO did not need to consider whether the District acted properly in failing to refer its determination that the protester was not a regular dealer to the Small Business Administration.