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B-183799 1 (1975-09-23)

handle is hein.gao/gaobadcmx0001 and id is 1 raw text is: 0'l I t THE CONIPTROLLE RGEEA 0DF TH14E U K!II E D 8 T 1,T r: \C V \AS f-!N G T CN, ,.C . 2 0 540 FILE: B-183799 DATE: September 23,1975 MATTER OF: Abbott Laboratories -7 2, DIGEST: 1. Unsolicited descriptive literature accompanying bid containing unsolicited model number must be considered to determine responsiveness of bid. 2. Where it was implicit in IFB that analyzers were to be capable of maintaining incubation at 300 C when operating at higher ambient temperatures and cooling accessory was listed as optional feature in bidder's unsolicited literature, failure to indicate in bid that accessory would be furnished was material omission. 3. Where unsolicited literature provided with bid showed compliance with calcium requirement in IFB specification bid was responsive on that point and doubt that bidder would be able to develop equipment with calcium capability within delivery requirement of IFB because of bidder's letter to customers dated day before bid opening advising that equipment was not presently adaptable to calcium reagents actually related to bidder's responsibility. 4. While it is initial responsibility of Government to state what is required in reasonably clear terms, bidders are expected to scrutinize carefully the whole solicitation to ascertain the Government's requirements. 5. Doctrine of equitable estoppel is not for application when communications upon which protester allegedly relied were not from officials with authority to bind Government and protester was not justified in acting on strength of official's apparent authority. - 1 -

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