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B-200793,B-200793.2 1 (1981-06-02)

handle is hein.gao/gaobadvqf0001 and id is 1 raw text is: 




                            obI1LER
                                  STHE COMPTR'OLLER GENERAL
            IECISION                OF THE UN ITE0 STATES
                                    WASHNGTON, 0.C. 2054e
                               VNIT       I ~CP4D q37r


           FILE: B-200793, B-200793.2    DATE: June 2, 1981
           MATTER OF:     Nuclear Research Corporation;
                          Ridgeway Electronics, Incorporated

           DIGEST:

             1.   Where revised bid includes reduced
                  item quantities set forth-exclusively
                  in amendment, even though revised item
                  specification is not also included,
                  bid serves as constructive acknowledge-
                  ment of amendment; failure of bidder
                  to acknowledge receipt of amendment
                  in form prescribed in solicitation
                  should be waived as minor informality
                  as provided in Defense Acquisition
                  Regulation S 2-405(iv)(A).

             2.   Bidder's failure to insert amended item
                  specification in revised bid in-place
                  of original specification preprinted on
                  bid form, constitutes neither express
                  qualification of bid nor ambiguity as
                  to specification upon which bid-was based
                  since constructive acknowledgement bound
                  bidder to meet new specification and thus
                  rendered old specification legal nullity.

             3.   GAO will not consider protester's complaint
                  that agency should have issued stop work order
                  '-'instead of terminating protester's contract
                  for convenience of Government while other
                  party's protest was pending at GAO where
                  agency correctly determined that other
                  party was entitled to award and that award
                  to protester was improper; protester was
                  therefore not prejudiced by termination.


                  Ridgeway Electronics, Inc. (Ridgeway) protests the
             termination for convenience of its 'contract to supply
             quantities of radiac sets to Kelly Air Force Base, Texas,
             Department of the Air Force, and the proposed award of
             a contract for that requirement to Nuclear Research
             Corporation (NRC) under invitation for bids (IFB) No.
             F41608-80-B-0048.

'/m

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