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B-186123 1 (1976-06-04)

handle is hein.gao/gaobaddlb0001 and id is 1 raw text is: 0LER 0 -~ ~THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES -(WAS)-4ING TON, 0. C. 2 48 FILE: B-186123 CATE: June 4, 1976 MATTER OF: Domar Industries q X S 7 DIGEST: Protest that low bidder did not include Federal Excise Tax (F.E.T.) in its bid price under invita- tion which provided that all Federal, State and local taxes (including F.E.T.) were included in bid price and resulting contract price is denied as bidder took no exception to requirement and unless bid affirmatively shows that taxes are excluded, it is presumed that taxes are included in bid price. The United States Army Tank-Automotive Command, Warren, Michigan, issued invitation for bids (IFB) No. DAAEO7-76-B-1904 for 1,527 wiring harnesses for the 3/4-ton two-wheeled cargo trailer. The two lowest unit price bids of $5.78 and $5.95 were submitted by Aurora Cord & Cable Company (Aurora) and Domar Industries (Domar), respectively. Domar has protested any award to Aurora under the IFB because, allegedly, Aurora did not include Federal Excise Tax (F.E.T.) in its bid as required. The bidding schedule of the IFB provided that the unit price included all Federal, State and local taxes, including F.E.T. In addition, the IFB incorporated by reference the standard tax clause prescribed by Armed Services Procurement Regulation § 7-103.10(a) (1975 ed.) which provides that the contract price includes, inter alia, all applicable Federal taxes. Domar contends that it has knowledge that Aurora, as a standard practice, does not include the F.E.T. in its bids on Government con- tracts and, therefore, if the applicable F.E.T. is added to Aurora's bid, Domar's bid is low. - 1 - PUBLISHED DECISION 55 Qomp. Gen.......

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