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B-191390 1 (1978-07-26)

handle is hein.gao/gaobadgfx0001 and id is 1 raw text is: 





                         THF5 COMvPTROLLER   ORNERAL
DECISION      .  '      OF   THE   UN1E       UTATEE
                         S WAsIH:NGTON, D.C. 2054U



FILE:   0-191390              DATE:   Juiy 26, 1978

MATTER  OF:  Hemet Valley Flying Service
             Co., Inc. - Reconsideration
DIGEST:

     Where bid does not contain minimum bid
     acceptance period required by IFB, bid
     must be rejected as nonresponsive even
     though agency could have awarded contract
     to bidder within the shorter, offered bid
     acceptance period since otherwise non-
     conforming bidder would have unfair ad-
     vantage over other bidders.

     Hemet Valley Flying Service Co., Inc. (Hemet
Valley) of Hemet, California, has submitted a timely
request for reconsideration of our previous decision
B-191390, May 8, 1978, 78-1 CPD 344, which denied
Hemet Valley's protest concerning the rejection o2
its bid. The bid was rejected because it provided
a 20-day bid acceptance period instead of the 30-day
period required by the invitation for bids (IFB).

     In its requeBt for reconsideration Hemet Valley
contends that our prior deci3ion did not address
a primary argument made in connection with its protest.
The argument is that a bid that fails to set forth
the minimum acceptance period required by the IFB
should not be held nonresponsive but should be con-
sidered responsive for the period set forth in the
b'd. Hemet Vallcy argues as follows:

        We are not advocating that bidders
        offering a shorter acceptance period be
        given an extra bite at the apple or,
        in fact, any advantage at all over their
        competitors.  We do not ask your Office
        to rule that a deviating bidder can, as
        a matter of right, extend his bid ac-
        ceptance period.  We are simply asking
        your Office to hold that a bid is
        acceptable during the offered bid
        acceptance period.

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