A company that is nonresponsive to an Invitation for Bid (IFB), or any solicitation for that matter, will usually be rejected for consideration for award. All too often, when a nonresponsive finding is made, there is no coming back.
A recent decision from GAO shines light on what it means to be “nonresponsive” and “not responsible.” GAO confirmed that SAM registration submitting annual certifications are matters of responsibility, not responsiveness.
What is the difference? Let’s look at the two terms and their practical effect on a company’s ability to cure deficiencies.
It’s a basic tenet of government contracting that a contractor must comply with the requirements of an agency solicitation. Those are the rules of the game. But in practice, there can be some tricky calls. For instance, what if a solicitation includes a requirement that appears to conflict with the FAR? Does an offeror still have to comply?
A recent GAO decision explored this situation in the context of a solicitation’s requirement for subcontracting plans.
When an agency’s invitation for bids requires the submission of a bid guarantee, a bidder’s failure to include the original bid guarantee at bid opening may render the bid nonresponsive.
In a recent bid protest decision, the GAO held that a procuring agency properly rejected a bid because the bidder provided only a copy of the required bid guarantee with the bid.