Protests of Rejection of Low Bid

A firm protested the rejection of its low bid under an invitation for bids (IFB) for a quantity of life preservers on a qualified products list (QPL). Since the agency determined that the product which the protester proposed to supply was not listed in the QPL at the time of bid opening, the bid was rejected as nonresponsive. The protester contended that its product was qualified for inclusion on the QPL, even though it was not on the QPL at bid opening, and therefore should not have been rejected. Furthermore, since the protester relied on the advice of an agency representative concerning its QPL listing, it felt that the Government should have been estopped from rejecting the bid as nonresponsive. When a solicitation requires a product listed on a QPL, a bid that offers a product that has not been successfully tested and approved for listing in the QPL prior to bid opening is not responsive to a material requirement of the IFB and must be rejected. Accordingly, since the protester's product was not qualified at bid opening, the bid was properly rejected as nonresponsive. Reliance of the bidder on the advice of a Government representative as to the qualification of its product does not estop an agency from rejecting a nonresponsive bid. Accordingly, the protest was denied.