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B-190073 1 (1977-11-23)

handle is hein.gao/gaobadfkd0001 and id is 1 raw text is: 6P ' THE COMPTROLLER GENERAL DECIBIOI .' : OF THr- UNITED ETATUE WAHINGTON, D.C. 2f354e r_4 -* FILE: B-190073 DATE: November 23, 1977 o) MATTER OF' Harvey Bell DIGEST: 1. Determination tc cancel invitation and to resolicit requirement was proper where invitation contaic-d con- tradictory (90 and 120 days) contract completion schedule requirements, low bidder bid on the 120-day requirement (the activity intended to require 90-day completion) and other bidders either bid on 90-day requirement or basis they bid on is unclear, Atnce ambiguity kept bidders from bidding on equal basis. 2. Fact that no bidder made request for clarification of ambiguous IFB terms prior to bid opening does not preclude contracting officer from canceling IFB where such ambiguity is brought to his attentinn prior to award. harvey Bell protests the cance'lation of invitation fo:: bid:; (IFB) No. R4-77-73 after bid opening and the readvertisemen: of that procurement by the United States Forest Service. The invitation tias caficeled so that conflictIng la;guage in the IFB regarding the iequired contract completion period might be clarified. On Standard Form 20 of the original invita- tion it was provided that All work Is to be completed within 120 days after date of receipt of Notice to Proceed. On Standa-d Form 21, also a part of the invitation, it was provided that The undersigned agrees * * * to complete the work within 90 calendar days after the date of receipt of Notice to Proceed. The 90-calendar-day period was the one the contracting activity desired. Upon bid opening and after a perusal of the Plan an '. Equipment Questionnaire submitted by each bidder with its bid, it was noticed that two of the bidders (one the low bidder) had apparently relied on the 120-day figure. A third bidder had relied on a 90-day completion schedule, and it tAs impossible to tell what completion schedule the remaining bidders had contem- plated when computing their bids. Because all bidders had there- fore not bid on an equal basis the contracting officer believed a - 1-

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