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B-184750 1 (1975-11-20)

handle is hein.gao/gaobadcsj0001 and id is 1 raw text is: 
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                              THE  COIPTROLLER GENERAL
 DECISiDR .f.) OF THE                     UNITED      STATES
                              VWASHINGTON, D. C. 20548




 FILE:   B-184750                    DATE:  November 20,1975

 MATTER OF: Webcraft Packaging, Division   of              ,
                 Beatrice Foods Co.

 DIGEST:

1.  Low bidder who submitted bid offering alternate method
    of constructing income tax form from single web of paper
    after 8 months of discussions with user agency (IRS),
    believing incorrectly that requirements of specifica-
    tions requiring two types of paper, one type for vouchers
    and one type for envelopes, had been waived is nonrespon-
    sive since bid did not meet paper requirements of invita-
    tion.  Since quality of product to be furnished was affected
    by alternative construction, agency properly rejected bid
    as nonresponsive.

2.  Protest alleging ambiguity in specifications, filed after
    bid opening, is untimely under section 20.2(b)(1) of our
    Bid Protest Procedures, 40 Fed. Reg. 17979 (1975), which
    requires that protests based upon alleged improprieties
    in any type of solicitation which are apparent prior to
    bid opening must be filed prior to bid opening.

3.  Contracting officer is under no duty to request verifica-
    tion of bid which is nonresponsive and in which there is
    no evidence of error since verification is required only
    when the contracting officer has reason to believe that
    bidder has made mistake in bid but not to make nonrespon-
    sive bid responsive.

      This is a protest by Webcraft Packaging, Division of Beatrice
Foods Co. (Webcraft), against the award of a contract to Moore Busi-
ness Forms, Inc. (Moore), under invitation for bids (IFB) No. 575-
062, issued by the Government Printing Office (GPO) for the printing
and binding of 1976 Declaration of Estimated Tax for Individuals Form
1040-ES.

      Bids were opened on July 24, 1975, with two bidders responding
to the IFB.  Moore submitted a bid in the amount of $575,140 and
Webcraft's bid was in the amount of $546,565. Webcraft's bid was
rejected after it was determined to be nonresponsive because it failed
to meet the requirements as specified in the IFB. The construction
sample submitted with Webcraft's bid did not utilize the envelope
paper as required by the IFB.

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