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B-185515 1 (1976-08-27)

handle is hein.gao/gaobaddke0001 and id is 1 raw text is: 
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                          o  THE  COMPTROLLER GENERAL
DECISION         .     '  .  OF   THE    UNITED      STATES
                          4  WASHINGTON. O.C. 20548

                          4,(
                            L~lT~L

FILE:   B-185515                    DATE:   August 27, 1976

MATTER OF:      CFE Air Cargo, Inc.                        /2,


DIGEST:

1.    GAO will consider request for reconsideration of decision
      filed by interested party who did not file comments dur-
      ing GAO's initial consideration of case where record indi-
      cates that interested party was not advised by agency of
      protests filed with GAO, since both Armed Services Procure-
      ment Regulation and GAO Bid Protest Procedures require that
      all interested parties be given notification of protest and
      opportunity to submit their views.

 2.   Although nonresponsiveness of low bid appears to have
      resulted from contracting official's erroneous interpreta-
      tion of IFB's bid guarantee requirement, such fact does not
      indicate that provision was ambiguous. Therefore, prior
      decision holding that there was only one reasonable interpre-
      tation of provision is affirmed. Furthermore, reliance of
      bidder on oral explanation was at bidder's own risk since IFB
      required bidders to request in writing any explanation desired
      regarding meaning or interpretation of IFB.


      CFE Air Cargo, Inc. (CFE) protests the reinstatement of
 invitation for bids (IFB) N62470-76-B-0560, issued by the Norfolk
 Naval Shipyard, and the subsequent award of a contract thereunder
 for the performance of janitorial services.

      The Navy's action followed our decision in the matter of
 Atlantic Maintenance Company, Inc. (Atlantic), 55 Comp. Gen. 798
 (1976), 76-1 CPD 131, in which we held that cancellation of the
 invitation was improper and that the low bid submitted by CFE
 was nonresponsive and could not be considered for award under
 the reinstated invitation. Thus, CFE in effect is requesting
 that we reconsider that decision.

      Section 20.9(a) of our Bid Protest Procedures, 4 C.F.R.
 20.9(a)(1976), provides that reconsideration of a bid protest
 decision may be requested by the protester, by any agency
 involved in the protest, or by any interested party who sub-
 mitted comments during consideration of the protest. In this
 case CFE, an interested party, did not submit any comments
 during our initial consideration of this matter. Ordinarily


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