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B-186195 1 (1976-11-17)

handle is hein.gao/gaobadegx0001 and id is 1 raw text is: THE CQNPTROLLER GENERAL DE CISIN0 , A , OF THE UNITED STATES ')WASHINGTON. 0.C. 20540 FILE: B-J 86195 DATE: November IT, 1976 MATTER OF: Action Manufacturing Company--Reconsideration MBAssociates DIGEST: 1. Request for reconsideration is denied, since it does not show that prior decision was based on error of law or fact. 2 As result of GAO decision, protester became low bidder ard apparent low bidder became second low. Subsequent protest by resultant second low bidder concerning responsiveness of resultant low bid, filed within 10 working days after receipt of referenced GAO decision, is timely since, until that decision, there was no reason to file such pro;.sst. 3. IP required prices on page 17 for items 0001AC and 0001AB, latter subject to first article approval, and unit and votal contract price if approval requirement were waived. Bidder inserted prices for both items on page 17 and insertel only reduced price on page 16 for item 0001AB. Bid is considered responsive, since IFB reasonably con- templated that only price for item subject to approval be reduced if requirement were waived, and total contract price with waiver can be derived by addition of item 0001AC price on page 17 and item 0001AB price on page 16. 4. Considering as'responsive bid that failed to provide total contract price as required by IFB but included sufficient information to derive omitted price by application of generally accepted mathematical formula does not render IB ambiguous as applied. MBAssociates (MBA) requests that we reconsider our decision, Action Manufacturing Company, B-186195, July 23, 1976, 76-2 CPD 73, in which we sustained the protest of Actin Manufacturing Company (Action) against the proposed award of a conttact to MBA by the United States Army Armament Command under invitation for bids (IFB) No. DAAAO9-76-B-0012. - 1*-

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