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B-191847 1 (1978-08-04)

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                         THE  COMPTROLLER GENMRAL
CECIUION . n: 4'. OF THE UNITEO BTATES
                  .4   *  WASHINGTON, D.C. 20548
                  VNITy


U-191847


MATTER   flF:


St. Louis


vrL. t


    DATE: August 4, 1978
Ship


DIGEST:

1.   Where protester's
     to be responsive,
     sive bid by 88.11
     sive bid by 37.3
     supportable based
     unreasonably high


*


thircd low bid, even if assumed
exqeeded  price of low nonres'on-
percent and second low nonrespon-
percent, cancellation of IFB is
on  agency's determination of
price.


2.  Purpose.of IFB  requirement for certification in
    bids  that' Type II marine sanitaton deviro was
    capahle of being modified  to Typ4 III device
    apparently.was  to enable agenc'y to evaliate bids
    to determine charbct'eiristics of products being
    offered--hot  to determine bidders' ability to per-
    form. Requiremedt  therefore involved bid responsive-
    ness rather than bidder  responsibility.

    St., Louis Ship  (SLS), Division of Pott Indus-
tries,\Inc., protests  the canellation  6finvitation
for bids (IFB) No. NASO-78-&180-and rsolicitation
via ,request for proposals (RFP)Tht0. NASO-78-0224,
both issu2d hv the National Oceanic and Atmospheric
Admihistration  (NOAA). SLS contends that as the low,
responsive, responsible bidder  it should have
received an award under the ZFB.


     The IFB, issued to moreI
bidders, called for a Type II
device (MSD) for installation
bids were received:

     Red Fox Industries, Inc.
     Anthony's Industrial and
          Services  (A.I.M.S.)
     SLS


than 17 prospective
marine  sanitation
on  a NOAA ship. Three


(Red Fox)
Marine


     NOAA determined Red  Fox's bid w
because its price was on an F.O.B. o
rather than F.O.B. destination as  re(
bid was nonresponsive for failure  to


$16,765


      22,966
      31,550
ars nonresponsive
rigin basis
quired. A.I.M.S.'Is
submit  any


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