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B-179094 1 (1973-11-07)

handle is hein.gao/gaobaadlw0001 and id is 1 raw text is: 



         rps            CQMPTROLL-Er GENERAL OF THE UNITED STATES
                                  WASHINGTON.,9)C. IOtA

                                                               40170

      B-179094                                         November 7, 1973



      The. lonorablo
      The Secretary of the Hlavy

      Dear Wr. Secretary:

           This Is in reply to latter SUP 0228 da:Cd Auust 16, 1973, frvn the
      Deputy Comandor, Procurement Itanagemnt, leavul Supply Systems Comaid,
      reporting on the protezt of Techuolosy.ncorporated (Technoloy) agaipet
      the rejection of its bid wnder invitaton for bids fl0017&73-B-0175,
      issued by the lavfl Weapons Laboratory (NWL), Dahlgren, Virgiia.
                                                              0
              I
           The fl imes the Pcond atop of a two-step forrally advertised
  $   procurmont for a continuous 16= uotion picture cblor film processing
      machine, Two propossla wera found to ba acceptable under the request
      for quotatiorn issued os the firot atept that of Technology and the
      lilmlie Caorporation (Pllnline), E UL beltived that the fundi for t1in
      procurtnent had to be obligated by Juno 30, 1973, or such funds would
      be withdrawn, Threfore, tho Ira van mailed to the two eligible fI.9
      on June 23, 1973, with ar opening date of Julio 29, 1973. On June 25,
      the contracting offl'oor, aware that tle bid package would not reach the
      biddera in tine for them to submit timuly bidt called each bidder and
      authorized 4telegraphic bids and comyod tho contents of the U'B to
      each bidder orally.

           Bids were rocoived from both Tochnolo y and Ftlmlin, with
      Technology being tho lo bidder. ltouever, the contracting officer
      determind that Tochnolory's bid was nonrespounive becausce th delivery
      cohodule offered did not comply with the breq: ironent in the f'3. Ao,
      the contracting officer noted the posuibility of an error in the prico
      cubmitted for Item 0003,A.
           On July 5, 1973, Technology protested to our Office the finding of
      nonresponsivoness rearding itn bid. *t contended that the errors in
      the bid wore caused by the inadequato tiun allowed for bid praparation.

           As regards the delivery nchedulo, tho IM required delivery within
      120 days aftor the data of the' contract (ADC). Toclnoloty's bid statu
      that dotvory would be w da 120 days ARO (after recolpt of order).   i
      I1J provided a warninq that If a delivory schedule %wa offered on an MAD
      basis, it vould be evaluated by adding the m-Aiu number of days


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