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B-185868 1 (1976-03-16)

handle is hein.gao/gaobaddec0001 and id is 1 raw text is: ~ -4 ~ THE CDMPTF!DLLE11- GENVERAL E3 r OPD THE UNI1TED STATES -' \WASHINGTON, D.C 20546 FILE: B-185868 DATE: March 16, 1976 MATTER OF: International Signal & Control Corp.; Stewart-Warner Corporation qO DIGEST: Bid which omitted pages of invitation for bids is nonresponsive, notwithstanding it contained every page which required an entry, but which did not serve to incorporate by reference other material pages, and was accompanied by cover letter stating that applicable documents are being submitted, which was ambiguous as to whether it referred to documents of IFB as issued or to documents returned with bid, because bidder's intention to be bound by all material provisions of solicitation is unclear. The Department of the Navy, Naval Electronic Systems Command (NAVELEX), by letter dated February 6, 1976, has requested an advance decision as to whether the bid of International Signal & Control Corp. (ISC) is responsive to a solicitation. On November 20, 1975, invitation for bids (IFB) No. N00039-75-B- 0056 was issued as the second step of a two-step formally advertised procurement by NAVELEX for radio transmitters, receivers and related equipment. Bids were opened on January 8, 1976, with five bidders responding. The low bidder was ISC with a total bid of $8,763,119. The second low bidder was Stewart-Warner Corporation (S-W) which submitted a bid of $9,492,283. When ISC submitted its bid, it included all those pages of the IFB upon which it was required to place an entry, but did not submit any of the remaining pages. However, a cover letter submitted with its bid stated in part: International Signal & Control Corporation (ISC) is pleased to submit herewith the original and one (1) copy of applicable documents in complete response to subject solicitation. (Emphasis supplied.) Counsel for S- maintains that the letter evidenced an intent that the only documents applicable to the IFB were the documents sub- mitted by ISC and that no other documents were intended to be included PUL3ISHED DirC)iS1 - 1 - 55 comp. -, . , , --

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