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B-203680 1 (1981-09-22)

handle is hein.gao/gaobadjtl0001 and id is 1 raw text is: j ~0iLLR 0 j - ~.THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20548 September 22, 1981 FILE: B-203680 DATE: MATTER OF: Pepsi-Cola Bottling Company of Salina, Inc. DIGEST: 1. A protest challenging the agency's deter- mination that the protester's bid was non- responsive becomes academic where the agency cancels the solicitation, the protester does not object to the cancellation, and the pro- tester bids on the resolicitation of the requirement. 2. It would be premature for GAO to review a claim for start-up costs incurred prior to the contract award where the contract was never awarded, the claim is being pursued through Army channels, and the Army has neither ruled on the claimant's entitlement to recovery nor referred the matter to GAO for settlement. Pepsi-Cola Bottling Company of Salina, Inc. (Pepsi) protests the rejection of its bid ls nonresponsive to -invitation for bids (IFB) No. DAKFI9-91-B-0033, issued by the Department of the Army for beverages to be sup- plied at Fort Riley, Kansas. Pepsi's bid was found non- responsive because it offered to supply root beer as one of its beverages instead of the grape soda required by the IFB, and because it did not contain prices for line item 0007. In defense of its bid, Pepsi claims that someone in the contracting office orally authorized the 1 root beer substitution, and that it did not enter prices for item 0007 because the IFB provided no lines for such entries. , _- ow

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