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B-188743 1 (1977-11-07)

handle is hein.gao/gaobadfhf0001 and id is 1 raw text is: 









                               THE  COMPTRCLLER WENERAL
                     DECIIDT  . .       UNITED OUTATE
                            )  WASHINGTON. D.C. 20548




  FILE:     B-188743                  DATE:  November 7, 1.977

  MATTER OP:      Gull Airborne Instruments, Inc.


  DIGEST:

1.   GAO finds that questioned bid contains unconditio-al
     cowitment  to furnish that which procuring agency requires
     contrary to assertion that bid is nonresponsive.

2.   Ground of protest questioning finding that prospective
     awardee is responsible will not be considered since neither
     fraud on p:rt of procuring agency is alleged nor defi:.itive
     responsibility criteria zre involved.

3.   Ground of protest alleging that bidder is not regular
     dealer or manufacturer will not be considerec' since
     responsibility for deciaing regular dealer or manufacturer
     status is vuated in contracting officer and Department of
     Labor.

4.   Mori fact that bidder enters into post-bid-opening agreement
     to obtain needed resources is not reason in itself to reject
     bid, unless effect of agreement is to cause bidding entity
     to no longer exist and to cause effective transfer of bid
     to nonbidding entity.

5.   Since bidding ertiry ,  no formal plans to dissolve and because
     enti ;y may posse2J.-   w'pe business in its own rame in the
     future so long as it  -as not compete with Bendix Corporatimn,
     infusion of resources £ram *Bendix Corporation to bidding entity
     may be recognized in determining bidding entity's responsibility.

     Gull Airborne Instruments, Inc. (Gull), prote ts the Department
of the Navy's proposed award to Consolidated Airborne ':stems,
Inc. (CAS), the low bldder under invitation for bids      '.) N00383-
76-B-0593.  Gull insists that CAS should not be awarded a contract
under the solicitation because of alleged irreCularities relating
to CAS's bid.


                                  -1-

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