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B-184120 1 (1975-07-02)

handle is hein.gao/gaobadcrv0001 and id is 1 raw text is: 0% LER 7(o C THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON. D.C. 20548 C IT EV FILE: B-184120 DATE: July 2, 1975 MATTER OF: Securities Exchange Commission DIGEST: 1. Where bidder fails to include in its bid a detailed statement - of its business and technical organization, business reliabil- ity, facilities, and names and addresses of its representa- tives in all principal cities throughout United States as required in solicitation, its bid can be considered for award since missing items related to bidder's responsibility and can be supplied after bid opening. 2. It is not improper for agency to allow bidder to affix required corporate seal to bid bond after opening of bids since lack of seal is a minor informality. 3. Contention is made that low bid contained price in excess of cost limitation for furnishing duiplication services under Freedom of Information Act and Advisory Committee Act, and in excess of schedule allegedly incorporated by reference in solicitation to reflect statutory limits. Record does not support contention that schedule was incorporated by reference and, if possible ambiguity existed as to incorporation of schedule, in view of exposure of bids and notice to bidders of statutory limitation cancellation of solicitation is not required. However, agency should make determination that bid prices do not exceed actual cost of duplication including reasonable factor for over- head and profit. The Securities and Exchange Commission (SEC) has requested by letter of June 6, 1975, our decision concerning a protest by the A & M Reporting Company (A & M) against the award of a contract for stenographic reporting services under SEC solicitation No. 534 to the Technical Reporting Company (Technical), the apparent low bidder. Basically, A & M contends that Technical should not be con- sidered for award because: (1) it failed to include in its bid a detailed statement of its business and technical organization, busi- ness reliability, facilities, and the names and addresses of its - 1-

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