B-206975: Apr 20, 1982

A firm protested the Department of Agriculture's rejection of its bid to supply loading equipment. The bid was rejected as nonresponsive because certain taxes were not included in the bid price. The protester contended that no State taxes applied to this acquisition and therefore it was permissible to state that all such taxes were excluded. Federal regulations require that all solicitations for f...

B-206975: Apr 20, 1982

THE BURDEN IS ON THE BIDDER. WHO GENERALLY IS MORE FAMILIAR WITH STATE AND LOCAL TAX APPLICABILITY THAN IS THE CONTRACTING OFFICER. IT IS VIEWED AS EVIDENCE OF THE BIDDER'S BELIEF. THE CONTRACTING OFFICER REJECTED THE BID AS NONRESPONSIVE BECAUSE A LETTER ACCOMPANYING THE BID (AND THEREFORE CONSIDERED PART OF THE BID) STATED THAT "WASHINGTON STATE TAXES ARE NOT INCLUDED IN OUR BID PRICE. TRAIL CON...