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B-278107 1 (1997-12-29)

handle is hein.gao/gaocrptageq0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: American Material Handling, Inc. File: B-278107 Date: December 29, 1997 A. Sid Goss for the protester. Major Sandra J. Fortson, Department of the Army, for the agency. Robert Arsenoff, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Bid in which protester's required descriptive literature reserved the right to make specification changes without notice was properly rejected as nonresponsive. DECISION American Material Handling, Inc. (AMH) protests the rejection of its bid as nonresponsive under invitation for bids (IFB) No. DAHC76-97B-0005, issued by the Department of the Army for two 15,000-pound forklifts for Fort Richardson, Alaska. We deny the protest. BACKGROUND The IFB was issued on July 18, 1997, and bid opening was on August 25. Note 2 of the price schedule required bidders to submit descriptive material with their bids to show that the items offered met the specifications listed in attachment I to the IFB. Note 2 also referred bidders to the Descriptive Literature clause (Federal Acquisition Regulation (FAR) § 52.214-21)) set forth in full text in the IFB. Subsection (c) of that clause states: The failure of descriptive literature to show that the product offered conforms to the requirements of this solicitation will require rejection of the bid. All eight bids received were rejected as nonresponsive because the accompanying descriptive literature failed to demonstrate compliance with the IFB specifications. AMH's bid was rejected as nonresponsive for a number of reasons including the repeated statement in its descriptive literature that all specifications are subject to change without notice. (Emphasis in original.)

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