Bid Defects Did Not Render Bid Nonresponsive

A low bidder protested the rejection of its bid as nonresponsive, and the second low bidder protested the subsequent acceptance of the low bid. The agency's determination after the bid opening that funds were available for certain alternate items was proper. Minor informalities or irregularities in bids may be either cured or waived, whichever is to the advantage of the Government. Bid defects may be waived for work in an item which will not be awarded and for one concerning a subcontractor listing requirement for a category of work comprising less than three and one half percent of the estimated contract price. An alternate item for which the agency determined that funds were insufficient and for which funds will not be obtained after the award may not be evaluated for purposes of award.