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B-185515 1 (1976-08-27)

handle is hein.gao/gaobaddke0001 and id is 1 raw text is: q.1kLEIR rA o THE COMPTROLLER GENERAL DECISION . ' . OF THE UNITED STATES 4 WASHINGTON. O.C. 20548 4,( L~lT~L FILE: B-185515 DATE: August 27, 1976 MATTER OF: CFE Air Cargo, Inc. /2, DIGEST: 1. GAO will consider request for reconsideration of decision filed by interested party who did not file comments dur- ing GAO's initial consideration of case where record indi- cates that interested party was not advised by agency of protests filed with GAO, since both Armed Services Procure- ment Regulation and GAO Bid Protest Procedures require that all interested parties be given notification of protest and opportunity to submit their views. 2. Although nonresponsiveness of low bid appears to have resulted from contracting official's erroneous interpreta- tion of IFB's bid guarantee requirement, such fact does not indicate that provision was ambiguous. Therefore, prior decision holding that there was only one reasonable interpre- tation of provision is affirmed. Furthermore, reliance of bidder on oral explanation was at bidder's own risk since IFB required bidders to request in writing any explanation desired regarding meaning or interpretation of IFB. CFE Air Cargo, Inc. (CFE) protests the reinstatement of invitation for bids (IFB) N62470-76-B-0560, issued by the Norfolk Naval Shipyard, and the subsequent award of a contract thereunder for the performance of janitorial services. The Navy's action followed our decision in the matter of Atlantic Maintenance Company, Inc. (Atlantic), 55 Comp. Gen. 798 (1976), 76-1 CPD 131, in which we held that cancellation of the invitation was improper and that the low bid submitted by CFE was nonresponsive and could not be considered for award under the reinstated invitation. Thus, CFE in effect is requesting that we reconsider that decision. Section 20.9(a) of our Bid Protest Procedures, 4 C.F.R. 20.9(a)(1976), provides that reconsideration of a bid protest decision may be requested by the protester, by any agency involved in the protest, or by any interested party who sub- mitted comments during consideration of the protest. In this case CFE, an interested party, did not submit any comments during our initial consideration of this matter. Ordinarily - 1 -

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