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B-186195 1 (1976-07-23)

handle is hein.gao/gaobadcvr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL N OF THE UNITED STATES % Z VWASHINGTON, D.C. 20548 NIT4 FILE: B-186195 PATE: July 23, 1976 MATTER OF: Action Manufacturing Company DIGEST: When bid contains two conflicting prices for same item, bid is ambiguous and must be evaluated based on higher price in order to avoid prejudice to other bidders. Action Manufacturing Company (Action) has protested the proposed award to MBAssociates (MBA) of a contract for warheads under United States Army Armament Command, Rock Island, Illinois (Army), invita- tion for bids (IFB) DAAAO9-76-B-0012. The IFB on page 17 included under Item 0001, Warhead, Component of TOW Missile, the following: Item 0001AA Item 0001AB Item 0001AC First Article Sample Warhead Warhead, Less Nose Crush Switch Assy. It was clearly stated on page 17 that the first article sample requirement applied only to Item 0001AB. On page 16 of the IFB a blank was provided in which the bidder was to indicate by item a unit and total contract price which would prevail should the Govern- ment exercise its right to waive the first article requirement. On the schedule of prices on page 17, MBA quoted the following: Quantity 23,211 3,500 Unit $36.63 $18.85 Amount $850,218.93 $ 65,975.00 On page 16, wherein the bidder was to indicate prices which would become effective in the event that the Government waivedthe first article requirement, MBA's bid read as follows: Item No. 0001AB 0001AC Unit Price Total Amount $36.63 $850,218.93 $18T85 (/7 $ 65y99699 $17.85--FM- $ 62,475.00 - 1 - -EC II Item No. 000 1AB 0001AC

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