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B-189441 1 (1978-02-14)

handle is hein.gao/gaobadfsr0001 and id is 1 raw text is: \THE COMPTROLLER I3ENERAL DECISIlN . OP THE UNITED STATES WASHi;NGTON D.C. 210549 FILE:B-189441 OATE: February 14, 1978 MATTEr0 OF: W.M. Lyles Company DIGEST: 1. Contrary to position of complainant, amended bidding doc- uments in grantee procurement did not reasonably require identification of proposed suppliers of major equipment items which interpretation is confirmed by subsequent graatee deci- sion deny'ing complaint. Additionally, amended bidding doc- Iments did not warn bidders--either by express direction or clear Implication--that bids would be rejected for fail- ures to identify proposed suppliers. 2. GAO precedent involving cejection of bid through application of Qualified End Products clause used in direct Federal procurements is not dispositive in grantee procurement con- taining requirement that suppliers of major equipment be identified after bid opening, since clause, urlike grantee bidding documents, specifically requires that identity of qualified product be contained in bid. Further, grantee procurement is not fox qualified products as such, but for entire construction project. 3. Notwithstanding bidder's failure to identify major equipment suppliers in bid, bidder was otherwise obligated under terms of signed bid to furnisi lisced items of major equipment or equivalentalternative equipment. Because of obligation of bidder, and rince amended bidding documents did not rea- sonably require identi.Iication as of bid opening, bid'- failure to show suppliers was not significant. 4. Requirement to identify proposed suppliers of equipment with- in 1 week of bid date does not affect bid responsiveness (or attendant concept of Irminor informalities) but bidder responsibility. Consequently, decisions cited by complainant involving bid responsiveness are not for application. i I

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