[Protest of DOE Rejection of Bid as Nonresponsive]
B-237532
Published: Feb 16, 1990. Publicly Released: Feb 16, 1990.
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Highlights
A firm protested the Department of Energy's (DOE) rejection of its bid for construction, contending that: (1) its failure to itemize prices for foreign items, as the Buy American Act required, did not render its bid nonresponsive; and (2) DOE refused to clarify certain solicitation ambiguities, which prevented it from completing its Buy American certification. GAO held that: (1) the protester untimely protested alleged solicitation defects; (2) DOE properly rejected the protester's bid as nonresponsive; and (3) certification after bid opening would have allowed the firm to manipulate its bid. Accordingly, the protest was denied.