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B-183496 1 (1975-06-30)

handle is hein.gao/gaobadcgl0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL DECISICJaN * OF THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-183496 DATE: June 30, 1975 MATTER OF: Bendix Corporation DIGEST: 1. Contention that bid is nonresponsive because all pages of solicitation were not submitted with bid is without merit since bid incorporated by reference omitted material. 2. Contention that solicitation is defective because bid evaluation did not include certain option items and thereby encouraged unbalanced bidding is not supported where agency reports that there is low probability that option items will be exercised and that, therefore, option items will be deleted at time of award. Furthermore, latter action is not objectionable since it has not been alleged or demonstrated that inclusion of option items in solicitation prejudiced any bidder on evaluated items. The Bendix Corporation (Bendix) has protested against the award of a contract pursuant to invitation for bids (IFB) A4M-4-7305, issued by the Federal Aviation Administration (FAA), to anyone other than Bendix. Basically, Bendix argues that the apparent low bid submitted by Westinghouse Electric Corporation (Westinghouse) is nonresponsive because several pages of the solicitation are not contained in the bid and, furthermore, that it is materially unbal- anced. In addition, it is argued that the method of evaluation stated in the solicitation was defective. The IFB for the procurement of Air Route Surveillance Radar (ARSR-3) Systems was issued on February 19, 1975, pursuant to the two-step formal advertising procedures of the Federal Procure- ment Regulations. Bid opening occurred March 20, 1975. In its bid, Westinghouse failed to include 11 of the 12 clauses attached to the IFB as issued and listed on page 69 of both its bid as submitted and the IFB. Also, Westinghouse did not include a document entitled Contract Maintenance Service Requirements for Surveillance Radar (ARSR-3) which constituted attachment # 1 of the IFB and was the specification for Item 7 of Schedule III of the IFB. -1 -

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