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B-177165 1 (1973-08-23)

handle is hein.gao/gaobaadik0001 and id is 1 raw text is: 

  (if r-.,.j$ 1  COMPTROLLEII GENERAL OF THE UNITED STATES
. .   -  ,,WASINGTON, D.C. 1054t


            fl-177 165
                                                           August 23, 1973




            'le Honorable
            #Tho Secretary of Cho lay

            Dear Hr, Secretaryl

                In response to the letters of the Director of Contracts, Naval
            Eiectronic Systerns Couliand (IAViLEX), dated Juno 4 and 21, 1973, we
            have reconsidered our decision 52 Comp. Gen,   _, B-177165, llay 23,
            1973, concerning tho validity of contract 1100039-72-C-0274, swarded
            to R.r, Cor-.unications, Inc. (RFC),

                The facto of the case as 6tated in the above cited decision are
            as follows:

                   ,ItRJ, bid was the only one received prior to the
                scheduled bid oponitnS on August 29, 1972, in the cecond
                stop of the tuo-stop formally advertised procure.ent.
                'I liR bid wos, by its to.-u, valid for 60 days. AirO
                protested to this Offico, by telegram of Octobar 2, 1972,
                the Navy's cancellation of tho solicitation prior to con-
                tract award and the proposed rusnlicitntion of bids which
                the Ilavy considered necessary ,cause of certain alle.ed
                anbiguities in the colicitariOn. Prior to our decisiun
                to you of January 31, 1973, B-ti7165, custaining the pro-
                test, TWC subm itted a nutubor of unsolicited extensions of
                its bid. The validity of its bid was successively extended
                to the following dates:

                loverbor 17, 1972; December I, 1972; December 31, 19721
                January 15, 1973; January 25, 1973; and January 31, 1973.

                  On the day of our decision of January 31, HAV'IL. placed
                a call to RFC's iashington OffAce to request a 30-day exten-
                sion and vince the firm's reprosentativo wao unavailable, a
                m2sone roquescing such extension was loft for hiu. Ti
                record before us dons not show that IWO expressly granted
                such extension,  Instead, its roprosentativos visitc-d NAVI3EX
                on February 5, 1973, and inquired as to hat action thcs Navy
                intended to take in view of our decision suataining the pro-
                toot. REC was advised that lawy intended to award a contract.
                The record also indicates that at the February 5 aooting it
                ins RFCoa position thac its bid hetd expired on January 31,
                1973, that it would not be extondrd beyond that date and that
                the bid could no longor be ccepted,

                                                       9 14/-

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