B-214288: Jul 16, 1984

A firm protested a Federal Prison Industries contract award, contending that the award was improper because the equipment offered by the awardee did not meet the specifications. The agency acknowledged that the awardee's equipment did not comply with a number of the specifications; however, from descriptive literature provided, it determined that the points on which the awardee did not meet the sp...

B-214288: Jul 16, 1984

CONTRACTING AGENCY IS NOT FREE TO ACCEPT THE BID. WAIVER OF AN ADVERTISED SPECIFICATION IS IMPROPER IF THE DEVIATION FROM IT GOES TO THE SUBSTANCE OF A BID OR WORKS AN INJUSTICE TO OTHER BIDDERS. DEVIATION IS ONE THAT AFFECTS THE PRICE. IMPORTANCE OF MAINTAINING THE INTEGRITY OF THE COMPETITIVE BIDDING SYSTEM OUTWEIGHS THE ADVANTAGE OF ANY MONETARY SAVING THAT WOULD RESULT IF MATERIAL DEVIATION FR...