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B-184413 1 (1976-02-18)

handle is hein.gao/gaobaddgf0001 and id is 1 raw text is: ~~ THE COMPTROLLER GENEA DECIS1DN ).OF THE UNITEO STATEB WASHINGTON, D.C. 20548 FILE: B-184413 DATE: February 18, 1976 MATTER OF: Beta Systems, Inc. Brown-Minneapolis MTM Tank & Fabricating Co. DIGEST: 1. Bid offering no less than 80 percent of the quantity of any item properly was construed as applicable to total item quantity rather than to each subline item quantity. 2. Protester's contention that it was entitled to award of total sub- line item quantity rather than only portion of quantity under split award is without merit where facts show that, even if split awards were not permitted by IFB, other bidder and not protester would be in line for award of entire subline item quantity. 3. Government should have evaluated f. o. b. origin bid on basis of most economical mode of transportation available, even though bid failed to list availability of such mode. Rules of competi- tive bidding are not violated thereby since information as to avail- ability and charges for transportation services were extrinsically verifiable and not under control of bidder. 4. Protest requesting contract termination because of Government's failure to ferret out most economical transportation method which would have made protester's f. o. b. origin bid low is denied. Award was made in good faith and was not inconsistent with solic- itation's advice that bidders furnish all available transportation modes for purposes of evaluation. Moreover, termination would involve increased costs to Government in excess of any possible savings resulting from reevaluated bids. 5. Allegation that bid erroneously states that affirmative action pro- gram required for bidders with 50 or more employees was not applicable is untimely raised. Bids were available for public examination after opening and protester should have raised argu- ment within 10 days after agency advised bidders of award. In any event deficiency is minor pursuant to ASPR § 2-405(vi). Beta Systems, Inc. (Beta) and Brown-Minneapolis Tank & Fabricating Company (Brown Tank) have protested the rejection of their bids for various items procured under invitation for bids No. DAAE07-75-B-0065, issued by the United States Army Tank- Automotive Command (TACOM). -1-

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