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B-185571 1 (1976-03-01)

handle is hein.gao/gaobaddfi0001 and id is 1 raw text is: 



DECISION


       THE  COMPTROLLER GENERAL
. .YOF THE UNITED- STATES
       WASHINGTON.  D.C. 20548


FILE:  B-185571

MATTER OF:


DATE:   March 1, 197


Royal Industries


92o q 4


DIGEST:

      Where protester alleges failure of low bidder to
      complete Affirmative Action Program clause of
      IFB applicable to bidders who bid $50,000 or more
      and have 50 employees or more renders low bid
      nonresponsive, protest is denied since at time
      of bid opening bidder did not have 50 or more
      employees. Further, even if clause was applicable,
      ASPR § 2-405(vi) specifically permits waiver of
      failure to complete, and since it concerned bidder
      responsibility rather than bid responsiveness it
      could have been completed after bid opening in any
      event.


      By letter dated December 18, 1975, Royal Industries, Energy
 Products Division (Royal), has protested the proposed award of a
 contract to Pastushin Aviation Company (Pastushin) pursuant to
 invitation for bids (IFB) No. N00019-76-B-0002, issued by the
 Naval Air Systems Command on October 20, 1975. The IFB, requiring
 delivery of 689 Aero-2D external fuel tank assemblies, first
 article testing, and associated technical data was opened on
 December 9, 1975. The following bids were received:


BIDDER


Pastushin Aviation Division, Swiss
Electro Instruments, Inc.

Royal Industries, Energy Products Div.

Verco Industries

Sargent Fletcher Co.

G. S. E. Dynamics, Inc.


TOTAL


$1,316,530.00

$1,421,897.00

$1,604,407.71

$1,620,470.28

$8,284,220.00


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