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B-185058 1 (1976-08-09)

handle is hein.gao/gaobaddiv0001 and id is 1 raw text is: 
                     C'  q        COMPTROLLER GENERAL


DECISION        .     :LJ .  OF   THE    UNITED      STATES
                             WASHINGTON. D.C. 20548




FILE:     B-185058       '         DATE:   Abgust 9, 1976

MATTER OF:       Inflated Products Co., Inc., and Brunswick  qgr72C c
                 Corporation

DIGEST:


1.  Questions of legality of proposed contract award to be
    made by Government department presented to GAO for
    decision by official who is not department head, will
  - be decided as if department had submitted them under
    31 U.S.C. § 74 (1970).

2.  Request by procurement activity for GAO advance decision
    regarding legality of proposed award, will be decided
    and therefore question of timeliness of bid protest under
    Bid Protest Procedures is moot.

3.  Where telex modification of bid does not indicate whether
    reductions for two items are to be applied to unit or total
    price, bid is ambiguous as it is reasonably susceptible of
    of two varying interpretations, under only one of which
    bid price would be low, and it would be prejudicial to
    other bidder to permit bidder who created ambiguity to
    select after bid opening interpretation to be adopted.

    Inflated  Products Co., Inc. (IPI), protests any award of a
contract to any other firm under invitation for bids (IFB) No.
DAAK01-75-B-2145, issued on April 7, 1975, by the United States
Army Troop Support Command (TROSCOM), St. Louis, Missouri. IPI
contends that its firm should receive the award as the low
responsive, responsible bidder. Counsel for IPI contends that
if our Office rules against IPI on the merits the subject IFB
should be canceled because the Army created an ambiguity by the
amendment 00004 quantity changes. Counsel for Brunswick Corpora-
tion  (Brunswick) protests any award to IPI contending that any
award to IPI would be unlawful on the grounds that its bid
was not responsive to the terms and conditions of the IFB and
that an award should be made to Brunswick as the low responsive
bidder.


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