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B-183342 1 (1975-06-30)

handle is hein.gao/gaobadcgp0001 and id is 1 raw text is: 01.LE R C. THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-183342 DATE: June 30, 1975 MATTER OF: Federal Contracting Corporation i ? 7 /3Q DIGEST: 1. Post-bid opening protest in which bidder alleges it was misled by inadequate specification was timely filed because it concerned an impropriety in the solicitation which was not apparent on its face. Even if protester should have known of defect in IFB prior to bid opening, deficiencies in procurement warrant consideration of the protest on its merits. 2. IFB for installation of garbage disposals in military family housing units was defective because it did not state the total quantity of disposals to be installed nor did the project site plan attached to IFB identify housing units as duplexes and fourplexes. However, solicitation should not be canceled because protester, the third low bidder, was not prejudiced by deficiency since knowledge of actual requirements could only have increased his price and adequate competition and reason- able prices were obtained from other eight bidders. Procuring agency is advised that future procurements should include precise statement of quantity of work to be performed where, as here, that information is easily ascertainable. Invitation for Bids (IFB) DAKFl9-75-B-0016 was issued by Fort Riley, Kansas, for the installation of garbage disposals and ceiling lights in base housing. Bids were opened on February 26, 1975. By telegram of March 3, 1975, Federal Contracting Corporation (Federal) protested to this Office, alleging that it could not be determined from the specifi- cations and drawings how many garbage disposals were to be installed in Area No. 2 of the base. Federal argued that the solicitation reflected only single family dwellings when in fact a number of the dwellings requiring disposals were multiple family units requiring the installation of two or more disposals in each building. Federal maintains that the solicitation was therefore defective and should be canceled and the requirement should be resolicited. Award is being held in abeyance pending a decision from this Office. - 1 -

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