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B-187477 1 (1977-03-15)

handle is hein.gao/gaobadeld0001 and id is 1 raw text is: THE COMPYRAOL IENR4L DECISION . CF THE UNIT BTATEU bo THHENI WASIHINGTON. Z. uOfl. FILE: 3-187477 DATE: treth 1, 1977 MATTER OF: Leavitt hin. Ccurony DIGEST. Although protester contenda language it added to solicitation wa merely surplueage, Navy's interpretation to effect that bidder did not in- tend to furnish stellite valve and other test equipment for first article test was reasonable under ircumsatances. Since bid was subject to more than one interpretation, one of which makes bid nonresponsive, bid was properly rejected. Leavitt Machine Cmpany (Leavict) protests against the rejection of its bid under solicitation No. N00104-7628-0665, issued by the Department of the Navy (Navy), Navy Ships Parts Control Center, Mechanicaburg, Pennsylvania, and the subsequent award of a contract to the Mict Manufacturing Co., Inc. Leavitt's bid was determined to be nonresponsive by the contracting officer and was therefore rejected. The solicitation was issued on April 28, 1976, for the procure- ment ,ol one line item known as a valve ressatinag d-itfic. The solicita- tion provided for a requirements type contract with an estimated Yearly usage of 220 units-with individual order limitations of 40 minimum units and 85 maxi-in uitts. Twenty-four potentid sources of supply were solicited with i sources submitting ) .'s. On page 11 of Leavitt's bid, the following statement was inserted: Price quoted is based on vaiver of First Article test. If First Article test is required please Add $1,200.00 to the total of the first Order Only under said contrant. Order is defined on pages 21 & 22, Section J oE this solicitation. On page 12, Leavitt inmerted the following statements: Unit price is based on uinimum-maximum order require- ments as detailed nn page 22, Section J (7-1102.1) of this solicitation. -11

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