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[Protest of Solicitation Cancellation]

B-211000 Published: Aug 02, 1983. Publicly Released: Aug 02, 1983.
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Highlights

A firm protested the Defense Electronic Supply Center's (DESC) decision to reject all bids and cancel a solicitation, contending that the evaluation by DESC placed an unfair burden on the bidders. DESC canceled the solicitation because none of the offerers' bid samples met the requirements of the solicitation's purchase description. The protester argued that its deviations were minor and could have been corrected during production. GAO has held that the failure of a bid to meet a solicitation's salient characteristics is proper grounds for bid rejection and that it is improper for an agency to waive such requirements. On the basis of this principle, GAO stated that the bid was properly rejected as nonresponsive. The protester further contended that DESC acted unfairly when it extended the bid preparation period after the protester had mailed its samples. Bid protest procedures require that protests based upon alleged improprieties apparent before bid opening be filed prior to that date. GAO stated that, since this allegation was filed after bid opening, it was untimely. Accordingly, the protest was dismissed in part and denied in part.

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Topics

Bid responsivenessDefense procurementSolicitation cancellation protestsSolicitation specificationsTestingUntimely protestsBid samplesSolicitationsBiddersBid evaluation protestsBid protest regulationsProtestsProcurementResolicitationIntellectual property rightsFederal regulations