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B-178223 1 (1973-05-23)

handle is hein.gao/gaobaadoo0001 and id is 1 raw text is: .4


COMPTiROLJ--ER G2NERAL OF THE UNITED STATES
          WAS14INGTON. QC. 10546


H1-178223


hay 23, 1973


he Honorabl Earl. L, Butz
The Secretary of Agriculture

Dear Mr. Secretary:

     By letter dated April 23, 19731 and prior correspondence,
Mr. Robert Schecter protested the rejection of his bid as nonreeponsive
under invitation for bids (IFB) E6-6-73-290 issued by the United States
Forest Service, United States Departsnt of Agricultu re. The bid wan
rejected because he failed to include the reqtLired bid guarantee with
his proposal.
     4
     Th  TFB invited bids for tree planting in the 1t. Hood National
Forest, Oregon. The solicitation was divided:-l.to 15 bid items. Bidders
were permitted to bid on any number of these items, Schecter nubmitted
bide on iteas i.A in the following osiunts:


Item


       3
       4
Tota4 ia~t ems


Amount

4$ t,792o,00
  3,804.00
  3,107.00
1. 10


     Clause 20 of the Supplemental Instructions Cn) Conditions to SF
33A provided in pertinent part:

     Each contractor cheli submit vith his proposal, !ogurity
     in the amount of 20 f his total. offer (when t'ta L x-
     ceeds $5,000.00). Feilure to furnish secu.ity in the
     proper form and amount, by the time set for open-ing way
     be cause for rejection of the offer.

Since fchecter's total offer wa5 $13,414 and he did not submit a bid
guarantee, the contracting officer rejeoted his bid as nonrespcnnive.

     The record indicates ,howevmr, thtt Schecter was the low bidder
only on item 1. Since Schecter'n bid on item I was $4,#92, and since
the TFB required n bid Cuarantc conly if the total offer excecde\


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