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B-186850 1 (1976-12-22)

handle is hein.gao/gaobadeib0001 and id is 1 raw text is: 







                            TMU  COMPTAROLLER CENERAL
DECISION           .      . OF   THE UNITELI ETATEN
                            1NVAMHINWTON, 0... t4U
                   I  L


FILE:  B-186850


DATE:     oMnW  g22 1L9T


MATTER OF: Octagou Process, Inc.


OIGEBT:


/


1.    Where solicitation provided that offers may be submitted
      for less than specified quantity, bidder' failure to
      acknowledge auendment for increased quantity is minor
      irregularity and award may be made to bLider for lesser
      quantity.


2.    Where agency determines that product is available only from
      foreign source, Buy American Act is icarolicable to that
      product.


3.    Protest concerning affirmative determinations of responsi-
      bility will not be considered on mnrits,




      Octagon Process, Inct. (Octagon) and Timmerman Corporation
(Timmerman) separately protest award to any bidder other than
themselves under Defense Supply Agency (DSA) IFB DSA400-76-B-
4424, for decontaminating agent STB, NSN 6850-00-297-6653.

      The 'original solicit ation requested bids on a quantity of
1,604 drums of decontaminate. Although the quantity was increased
by amendment to 2,834 drums, two bidders, Timmerman and Astra,
submitted bids for 1,604 drums on an all or nothing basis.
Octagon and Chemical Compound Incorporated (CCI) bid on the total
incruased quantity on an all or nothing basis. The order of
bids, and range of unit prices, were as follows:


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