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B-186737 1 (1977-03-25)

handle is hein.gao/gaobadelo0001 and id is 1 raw text is: Robert Little. dft oft. T S. .TH6 COMPTROLLM - tAL -CUC ION . ,OF THE UNIERO 0 ..an a:WASHINGTON, O.C. RO548 FILE: R-186737 DATE: Narcb 25, 197 MATTER OF: Dominion Road Kachinery Corporation - Reconsideration DIGEST: 1. Prior decision holding that protester's unsolicited descriptive literature qualified its bid is affirmed. 2. Prior decision holding that bidder was responsive to 178 despite notation in bid schedule that first article testing was not applicable is affirmed since first article testing was required for non-QPL items only and bid indicated that QPL items would be furnished. Counsel for Dominion Road Machinery Corporation (Dominion) requests reconsideration of our decision Dominion Road Machinery Corporation, 56 Comp. Gen. ___, 77-1 CPD __ (B-1867`7, February 4, 1977). There, we held that the low bid submitted by Dominion was nonresponsive because specification sheets which the bidder included with its bid described an item which did not ranform to the solicitation specifi- cation. We also.held that the second low bid submitted by Galion Manufacturing Company (Galion) was responsive despite the insertion of the notation `N/A on the bid schedule adjacent to the first arti- cle test requirements, because first article testing was necessary only for non-QPL (qualified products list) items, and it was clear from the bid that a QPL item was being offered. Counsel argues that our decision was erroneous, firstly, because we applied an erroneous standard in determining Dominion's low bid to be nonresponsive, and, secondly, because we applied an inconsistenic standard in determining Galion's second low bid to be responsive. In evaluating Dominion's bid, Counsel states that our standard was that a bid is nonresponsive if it can reasonably be interpreted as non- responsive on its face. Counsel argues that in applying this standard we completely ignored the provisions of ASPR 2-202.5(f) (1975 ed.), which states that descriptive literature will not be interpreted as qualifying a bid unless the bid clearly shows that the descriptive literature was intended as a qualification. Moreover, in evaluating Galion's bid Counsel argues that we abandoned the standard used in evaluating Dominion's bid and used instead a standard that the bid ~i-~ - 1T-

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