About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-185058 1 (1976-09-27)

handle is hein.gao/gaobadcxw0001 and id is 1 raw text is: -01,LE R o p THE COMPTROLLER GENERAL 93ECISION OF THE UNITED STATES WASHINGTON, D.C. 2O548 FILE: B-185058 DATE: September 27, 1976 MATTER OF: Inflated Products Co., Inc., and Brunswick Corporation--Request for Reconsideration DIGEST: 1. Where request for reconsideration raises issues regarding legality of proposed award, merits will be considered, notwithstanding possible untimeliness under Bid Protest Procedures, to provide further guidance to agency in connection with its prior request for advance decision. 2. Prior decision and recommendation contained therein affirmed since request for reconsideration has not demonstrated that prior decision contained material errors of fact or law. Although that decision was premised upon assumption that protester's alternate bid was low by reason of offer of accelerated .delivery schedule, which is challenged, bid is low in any event. Counsel for Inflated Products Co., Inc. (IPI), has requested reconsideration of our decision in Inflated Products Co., Inc., and Brunswick Corporation, B-185058, August 9, 1976, 76-2 CPD 135, wherein we denied IPI's protest under invitation for bids (IFB) No. DAAK01- 75-B-2145, issued by the United States Army Troop Support Command (TROSCOM), St. Louis, Missouri, for expandable and multipurpose shelters. We held that IPI's bid, as modified by an August 22, 1975, telex, was ambiguous and that under one reasonable interpretation of the telex, Brunswick was the low bidder. In this connection, it was reported by TROSCOM that when IPI's bid is evaluated on the basis that the telex modification applies to its total prices, Brunswick's alternative bid is low by over $200,000. The procuring activity also reported that it would accept Brunswick's alternative bid which offered reduced prices for an accelerated delivery schedule and waiver of the testing requirements. Accordingly, we concluded that IPI's bid must be rejected as nonresponsive and that an award to Brunswick would be proper if its bid was still available for acceptance and the contracting officer determined that Brunswick is a responsive and responsible bidder and that its price is reasonable. In its request for reconsideration, counsel for IPI contends that TROSCOM improperly considered Brunswick's reduced prices for accelerated delivery under the IFB's evaluation for award criteria and that Brunswick's offer of an accelerated delivery schedule is ambiguous. TROSCOM and counsel for Brunswick take the position that - __ b-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most