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B-181473 1 (1975-02-13)

handle is hein.gao/gaobadcfc0001 and id is 1 raw text is: St 0 ~~.-THE COMPTROLLER GENERAL DECISION ..OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-181473 DATE: February 13, 1975 MATTER OF: McGraw-Edison Company DIGEST: 1. Rejection of bid as nonresponsive for failure to furnish sufficient descriptive literature was proper even though bidder claims agency personnel had prior knowledge of its product and even though sufficient information was furnished after bid opening as it is fundamental rule of competitive bidding that responsiveness must be determined from contents of bid at time of bid opening. 2. Invitation for bids which required descriptive literature but which only stated in general terms nature and extent of data desired, was defective because it failed to comply with FPR 1-2.202-5 requirement that descriptive data clause specify in detail those components about which data desired and type of data desired. Since no protest concerning such provision was made before or after bid opening, and contract has been performed, no remedial action is possible. However, agency advised to prevent recurrence of use of such provision. On August 9, 1974, the District of Columbia, Department of General Services, issued invitation for bids (IFB) 1059-AA-62-1-4-RB, for the procurement of three items of various types and quantities of high pressure sodium vapor luminaries, to be supplied in accordance with specifications provided as part of the IFB, with incremental deliveries scheduled 21, 30, 60, and 90 days after date of award. The invitation required that bidders submit descriptive literature as part of their bids. The invitation also provided that failure of the descriptive literature to show that the product offered conformed to the specifications would require rejection of the bid. On August 23, 1974, 6 bids were received and opened. The descriptive literature submitted with the bids was evaluated by technical representatives of the requiring activity. As a result of this evaluation, the low bid of McGraw-Edison Company (McGraw- Edison) was determined to be nonresponsive because in the agency evaluators' opinion, McGraw-Edison's descriptive literature, an unlabeled drawing entitled Proposed Ballast and Capacitor MTG for HPSL (400) Watt Unidor, Washington, D.C. R.H.H. 8-20-74 Layout M74LM 6xl* was impossible to technically evaluate to - 1-

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