Tel-Instrument Electronics Corporation, B-291309; B-291309.2, November 20, 2002
B-291309,B-291309.2: Nov 20, 2002
DIGEST Protest that agency improperly rejected protester's bid as nonresponsive is denied where bid included statement that bidder would require certain government-furnished equipment that the solicitation did not obligate the agency to provide and thus materially altered the rights and obligations of the bidder and contracting agency. Bidders were required to submit a bid sample that was tested for electrical performance and facility of use. Its bid was rejected as nonresponsive on the basis that the cover letter to the bid conditioned TIC's offer on the use of specified government-furnished equipment (GFE). The cover letter included the following statement: TIC will require the following GFE for the life of the production contract to support PVT (Product Verification Testing) and production GSI (Government Source Inspection): Qty 2-Mode S capable military transponders Qty 2-KIR/1C Crypto Computers Qty 2- KIT/1C Crypto Computers Qty 2- Maintenance tapes and suitable loading devices for above Crypto Computers Qty 1 An-PPX-3 Interrogator with associated antenna.