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B-183155 1 (1975-05-20)

handle is hein.gao/gaobadcjy0001 and id is 1 raw text is: 9- ,%.LER STHE COMPTROLLER GENERAL DECISION OF THE UNITED STATES 'WASHINGTON. D.C. 2054S T'. FILE: B-183155 DATE: May 20,1975 27e,2 MATTER OF: Western Waterproofing Company, Inc. DIGEST: 1. Where purpose of invitation's data submission requirement is to enable procuring activity to evaluate bid to determine whether materials proposed by bidders for use in perfor- mance of contract conform with Government's stated tech- nical requirements, failure to submit such data with bid is proper cause for rejection inasmuch as requirement relates to responsiveness of bid and not responsibility of bidder. 2. Allegation that bidder who proposes to use composite stone for restoration work is not required to submit test data in accordance with data submission clause calling for such data to show compliance of synthetic stone to specified test criteria is without merit, since specifications required bidders to mloY only those m.terials qualified under test criteria set forth in data submission clause and agency points out that there is no distinction between composite and synthetic stone. 3. Bidder's allegation that specifications were restrictive of competition, which was received by GAO more than 5 weeks after procuring activity denied bidder's request for extension of bid opening, is untimely and not for consideration under Interim Bid Protest Procedures and Standards, 4 C. F. R. S 20. 2(a). Invitation for bids (IFB) No. BM-OM-75-06 was issued on December 10, 1974, by the Bureau of the Mint (BOM), Department of the Treasury, for the restoration of the exterior of the Old Mint Building, San Francisco, California. The IFB's Special Instruc- tions to Bidder read in pertinent part: In order for a bid to qualify as responsive to the Invitation for Bid, the following information must be submitted with the bid: -1-

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