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B-184970 1 (1976-04-15)

handle is hein.gao/gaobaddpp0001 and id is 1 raw text is: 


                            THE  COMPTROLLER G3ENERAL
DECISION                    OF  THE UNITED         STATES
                           -WASHINGTON, D.C. 20548



FILE:     B-184970                DATE:  April 13, 1976

MATTER OF:       Cummins  Diesel Engines, Inc.              O


DIGEST:



1.   Untimely protest is considered on merits because it reflects
     serious misunderstanding by agency of concepts of responsi-
     bility and responsiveness as applied in prior GAO decisions.

2.   Inclusion in IFB of six pages of Descriptive Schedules con-
     taining over 200 blanks in which bidders were to insert specific
     information concerning equipment being supplied; which were
     expressly made part of specifications; which were to be furnished
     with bid; and as to which bidders were advised to fill in all blanks
     or be found nonresponsive, was a descriptive literature require-
     ment even though agency failed to use descriptive literature
     clauses prescribed by regulations.

3.   Bidder's failure to complete blanks in Descriptive Schedules
     made  bid nonresponsive and was not matter of bidder's responsi-
     bility as claimed by agency.

4.   Statement in cover letter accompanying bid that bidder would
     supply equipment specified in Descriptive Schedules  or equal'!
     was reservation by bidder of right to substitute unidentified com-
     ponents for those described in bid, thereby rendering bid
     nonresponsive.


5.   Bidder's failure to submit with bid manufacturer's horsepower
     curves substantiating engine horsepower claimed in bidder's entry
     upon Descriptive Schedules also resulted in nonresponsive bid.

 6.  No basis exists for rejection of bid as nonresponsive under argument
     that generator offered would not meet specifications where bidder
     inserted acceptable information in Descriptive Schedules and
     furnished with bid letter from generator manufacturer certifying
     that generator would comply with specifications.


                                               PTBLUSHTED DECISION'
                                               55 Comp. Gen........


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