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B-186893 1 (1976-12-23)

handle is hein.gao/gaobadeid0001 and id is 1 raw text is: CD ILL THM S Cfl:VPTROLLUR OWNERAL ( p, OP THK UNITED ETATED EWASHINGTON;, 0. C. 054U FILE: 1-186893 DATE: Decautc t3 1976 MATTEA OP: Monogram Industries, Inc. DIGEST: Where 178 does not comply with FPR 1 1-2.202.5, regarding submission of descriptive literature to be used in evaluation r.f bids, failuri of bidder to submit literata:i with bid does not require rejection of bid whtre procuring agency finds that acceptable proo e, can be procured without such literature. However, where requested literature appears to be of type urnessary to evaluation of bids, Secretary of Agriculture Is advised thLt steps should be taken to assure future compliance .Ath FPR. On May 24, 1976, thelUited States Department of Agriculture, Forest Service, issued invitatioa for biL. (IFB) No. R2-76-45 for oil flush toilet systems to be delivered to various destinutions. Two bids were received in response to the IFB. The low bid was submitted by Saimax Corp. (Sarmax) and the other bid was from Konogran Industries, Inc. (Monogram). Monogram protested to our Office 'the responsiveness of Sarmax's bid prior to any award being nade. However, the Forest Service determined t at an immediate a ward was necessary in view o< the onset of winter at the locations where the systems were to be installed and on July 16, 1976, made award to Sarmax not- withstanding the pendency of the protest. Monogram's protest is based an its contention that Sarmax, by failing to submit with its bid descriptive data required by the IFB, was nonresponsive. The IFB, under the section entitled Specifications for Oil Flush Toilet Systemu, contained .the following language with regard to the -ata in dispute: 1.04 Submittals A. Certification - The manufacturer shill provide written certification indicating the oil fluch system con- forms to these specifications and an engineering structural analysis to -1- I I

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