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Agencies Must Distinguish Between Non-responsiveness And Non-responsibility In Bids

Sunday, February 04, 2007 11:30 am

Agencies Must Distinguish Between Non-responsiveness And Non-responsibility In Bids

The Comptroller General distinguished between nonresponsibility and non-responsiveness and sustained a rejected bidder's protest.

Tessa Structures submitted a bid to perform construction and painting on three bridges on the George Washington Memorial Parkway in Washington, DC and Arlington, VA. The invitation for bids (IFB) stated that the Federal Highway Administration (FHWA) would award the fixed-price contract based on the lowest total project price. That price was the sum of the bid price and the contract administration costs associated with the length of the performance period stated in the bid.

Tessa's bid was the lowest, as the company estimated it would need 120 days to complete the work. The company that won the bid allotted 250 days to finish the project, while the highest bidder needed 290 days. The IFB specified that the performance period could not [...]

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