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B-178386 1 (1973-08-16)

handle is hein.gao/gaobaadhx0001 and id is 1 raw text is: t (R.LLVR GENERAL OF THE UNITED TATES 9 ,WMSIIINGTOt4 DC. so 5-1783U *1 AUG 161373 50dur11usd, Drauds & caplsa3 Attorneys at Lw l000 1, Strnt, t1. Vahtngtout P. C. 20036 / Attentton: Rewaard A. U cst , Req. ' Referene is wade to your letter of June fiB, 1973# requestinq on bhalf of Central Data Processing, ona, they we reconsider our decialon -1?8306 of June 25, 1973, lhrein we held that consideration of the 1o bid ef the CDA Corporation :or award would be proper notwtthstanding that firm's failur, to submit pricas on the indefinite quantity erency schedules, You believe this decision to b q erroneous for several reascnu. First, the cover pago of the tnflatio instructed bidders that in order for a bid to be found responsive the bidder would hao to fill in the pricing information (both unit price mid dolar amotnt) for all procurable item detailed in Section K. Also in this regard#, paragraph 2-301(c) of the Armed Services Procurement Ragulation (ASPR) entitled Reaponuiveneo of 3ids, provi'a that Bids should be filled out, eweuted, and sub- mitted in accordance vith the Instruction which are contained in the Invitation for bids, SDA, youobsorvo did not strictly coply vith these directivs. Seacoxsd, you soue no basis for ignoringo uch failure and alloving correctico. of thio deficiency. You note that ASPR 2-405, which providem for vaivr of minor informalitics or irregul1''ities in bid A * * having no offset or mrely a trivial or negligible effect on price, quality, quntity, or delivery of the supplies or performance of the services being procured * * *, does not include the ossion of a unit price in its itemizAtion of oxaaploa of what might be considered for correction. In this cane, you contend, deletion of unit prica for the emergeancy schedulos affects both price and delivery or performance. A bder doleting h.ts item could not be required to perform this service or alternately could substitute my price, thereby tateriafly aitering the actual total price bid. Alternately, if 51 Coop. Con. '528 (1972) Is deemd to ontrol the Smtant cae, you belle that the Invitation does not provide for tUe .................

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