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B-193238 1 (1979-04-03)

handle is hein.gao/gaobadhci0001 and id is 1 raw text is: THECOMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 2054E FILE: B-193238 DATE: April 3, 1979 MATTER OF: TM Systems, Inc. Reconsideration A)eo oi/ O DIGEST: Prior decision is affirmed upon recon- sideration as portion of step-one pro- posal cited by bidder is not found to be sufficient commitment to supply subitem which bidder failed to price in second- step bid and bidder's workpapers may not be considered after-bid opening to show bidder's intent and to render non- responsive bid responsive. Further, fact that agency found step-one proposal acceptable does not preclude rejection of step-two bid which omitted price for subitem deemed material. 3 TM Systems, Inc. (TM), has requested reconsideN- tion of our decision in the matter of Federal Aviatio\ Administration, B-193238, February 27, 1979, 79-1 CPD 136, in which we found the bid of TM, submitted under solicitation No. LGM-8-7025, to be nonresponsive. The solicitation, the second step of a two-step procurement, was for a quantity of tone suppression amplifiers and related data. Neither TM, the low bidder, nor Univox-California, Inc. (Univox), the second low bidder, had inserted a price in the bid schedule for subitem 10f (Master Pattern and Plan View of Parts Layout). Since the FAA's technical personnel viewed the subitem as material and TM's step-one technical proposal did not discuss the furnishing of the subitem, we held that TM's bid could not be accepted for award. However, as the technical proposal of Univox contained a specific commitment to furnish the referenced subitem, we held that it was clear Univox intended to be bound by the terms of the specifications notwithstanding its failure to price the subitem. 'D eo q-Dl

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