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B-189173 1 (1977-10-31)

handle is hein.gao/gaobadfgx0001 and id is 1 raw text is: i't\ TH CCMP P1PtLL.kR OENeRAL DECISION .OF THE UNAITO STATES *WASHINOTON. O.C. 0008 Fit.R: 5-189173 DATIE: October 31. 1977 C.-IP MATTfER COF: R.C. Roos Construction Co., Inc. A DIGEST: 1. Where solicitation is abiguous as to application of St. Louis affirmative action plan to procurement and low biddr fails to return plan with bid, readvartisemenc of procurement using clear notie that plan cequirements for submission are applicable s appropria'te. Biddet does not commit itself to affirmative setion requirements merely by sijning bid when solicitation requires something more. .2. Claim for restitution as a result of no award oeing made to .bidder and procurema.t being readvertied is denied, since record does not indicate that contracting officer acted fraudulently or in bad faith or otherwise abused his discretion. On March 14, 1977, the Department of the Interior (Interior) issued a solicitation (No. 6520-9708) through the National Park Service for acoustical improvements to the Arch Visitor Centor, Jefferson National Expansion Memorial National Historic Site (Center) In Missouri. The solicitation contained the affirmative action plan (plan), required by the Department of Labor for work vithin the St. Louis, Missouri, area. R.G. Ross Construction Co., Inc. (Ross), the low bidder, and Hubbard and Hubbard, Inc., the second low bidder, did not return the plan with their 4ods. The third low bidder failed to acknowledge receipt of an amendment of thS solicitation. The three low bidders were determined to be uncresponsive and the award was made to the fourth low bidder, Hoel-Steffen Construction Company. Ross protested the rejection of its bid to Interior. The protest was denied. Ross then filed a protest with this Office. As a result of the latter protest, the contracting officer determined that the solicitation was ambiguous and terminated the Hoel-Steffen contract for the convenience of the Covernment. Interior now proposes a readvertisement using a clear notice to all bidders that Imposed Plan requirements are applicable to this procurement. Ross disagrees that the procux went should be readvertised. Ross contends that the award should be made to it under the original solicitation. V. -1 - rI

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