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B-203013.2 1 (1981-09-30)

handle is hein.gao/gaobacuyp0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL. B-203013.2 Mr. Irving Zinger President Zinger Construction Company, Inc. 17 Oceanview Avenue Valley Stream, New York 11581 Dear Mr. Zinger: Your letter to Mr. Socolar dated September 18, 1981, has been referred to me for reply. Your letter presents comments concerning the- -ast paragraph of our-decision in the matter of Zinqer Construction Company, Inc-, B-203013, September 15, 1981, 81-2 CPD . The decision sustained Zinger's protest, con- cluding that the Army should revise its earthwork specifications to clarify when the Army will permit equitable adjustments under the Differing Site Conditions clause. The last paragraph of the decision states that a recommendation for additional corrective action is not warranted for six specific reasons. Your letter comments on three of these reasons and you request that we respond to your comments. First, the decision noted that,contrary to the IFB's provisions, Zinger did not notify the con- tracting officer in writing about the problem with the specifications in sufficient time to permit clarification. In this regard, you question whether this presents an impossible standard to meet because potential bidders would have to review each solici- tation at an early stage. It is not practicable for our Office to establish a firm rule, applicable to all possible situations, con- cerning the number of days prior to bid opening that a bidder must seek clarification of specifications. Each procurement has unique circumstances of complexity and I7

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