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B-181447 1 (1975-11-28)

handle is hein.gao/gaobadcrd0001 and id is 1 raw text is: 



                            THE   COMPTROLLER GENERAL
DECISION *~J.OF TH-E UNITED STATES
                             WASHINGTON, 0.0 . 2 0 5 4 B




FILE:   B-181447                   DATE:    November 28, 1975


MATTER OF: Terra Corporation


DIGEST:

    When after bid opening it appeared that radio having
    .40-amp drain could meet Government's needs, as could
    .35-amp stated in IFB as maximum, cancellation should
    have been considered, but was not necessarily required
    where (1) bidder (awardee) was otherwise responsive and
    low amongst bids which would provide Government with
    actual needs, and (2) if IFB had been canceled and .40-
    amp limit was used in subsequent procurement, item would
    have been purchased from awardee--sole supplier on Federal
    Supply Schedule. Agency's actions were not arbitrary and
    capricious and bid preparation costs claim is denied.


    This  is a claim filed by Terra Corporation for bid preparation
costs allegedly incurred by it in connection with invitation for
bids (IFB) DSC-74-363 issued on April 12, 1974, by the Department
of the Interior, Bureau of Land Management (BLM), Denver Service
Center.

     As stated in our earlier decision on Terra's bid protest in
this matter (Terra Corporation, B-181447, December 26, 1974, 74-2
CPD 383)--

          * * * [the IFB) solicited bids for 29 portable
     transceiver radios and four headphones to be supplied
     to five different locations for use in the BLM fire-
     fighting program.

          In response to the .IFB, four bids were submitted
     as follows:


Item 1
Radios


Bidder


  Item 2
Headphones


Total
Bid


Edo Aire Division of
  Edo Corporation (Edo)


Genave


$15,751.93


16,559.00


$ 40.36


161.00


$15,792.29


16,720.00


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