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B-177165 1 (1973-05-23)

handle is hein.gao/gaobaados0001 and id is 1 raw text is: I W. . 'COMPTROLLER CEtIEFIAL OF I'-E UNITED STATES ! ' , W 'HINGTO, D.C. 20541 $0b4 iy 23, 1973 A. The Honorable John W. Warner The Secretary of th% Navy Dear Mr. SHc-etiryl Tis is in reply to the letter dated March 28, 1973, reference fLEX 0o3/ER:emc 8cr 9mO4-Q, front the Director of Contracts9 Naval Electronic Systems Command (UAVZIM), requesting our Opinion as to the validity of the award of contract 300039-72-C-0274 to Hi F. Communications, Inc. (RFC). 4 b We believe the solution to this problem. turns on wether there existed a valid nubisting offer which VELEK could have accepted on February 28, 1973, the date the contract document wn executed by the contracting otficer. ( 0i's bid was the only one received prior to tha scheduled bid opening on August 29, 1972, in th, second step of the twonstop formally advertised procurement. The REQ bid wa, by its terms, valid for 60 dayc. SF0 protested to tbis Of.ice, by telegram of October 2, 1972, the Navy's cancellation of iih solicitation prior to contract award and the proposed resoliettation of bids ifrich the Navy considered necessary because of certain flleaad ambiguities, in the solicitation. Prior to our decision to yom of January 31 1 973, D1177165, sustaining the protest, R'IC submitttd numler of unsolio- ited extensions of its bid. sThe validity of iti bid was suocennive3.y extended to the following datess N1ovember 17, 19,72; December 1, 1972; December 31, 1972; Jrnuary 15, 1973; Janimry 291, 1973; and January 31, 1973. On the day of our decinion of Janm:ary 31, I1&VMht placed a Cafll to I M's Washington Office to request a 30-Oday ectenoion and since the firm's representative wan unavaillble a, mestige requesting such extension wua left for him. The record before ui doea n t show that RFV expressly granted such extension, Instead, its repreaentatives visited NAVFEX on February 5, 1973, and izaquired as to wbut actaion the Navy intended to take in view of our decision suatainins the protest. RFC was advised that Navy intended to award a contr\ct. The PUBLIS ED DECISIONl 52 Comp. Gen , ' - C) ('c. (I .,

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