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B-196183 1 (1980-01-30)

handle is hein.gao/gaobadhyi0001 and id is 1 raw text is: 


                       STHE  CO~MPTROLLER GENERAL
      OF-CSIONOF THE UNITED STATES
                 W A4 AS H IN GT0 N, 0. C. 20 54 a




FILE: B-196183                IDAITE: January 30, 1980

   MATTE OF:Presco  International, Inc


DIG


EST:

Conflicting  provisions in  nvitation for
bids  (IFB) which cannot be resolved by
IFB's  Order of Precedence clause, and
which  affect determination of the low
bidder,  constitute compelling reason
to  cancel IFB pursuant to DAR 5 2-404.1
(b)(i).


AJ


     Presco International, Inc. (Presco) protests
both the cancellation of invitation for bids (IFB)
No. DAAAO9-79-B-0216 and the subsequent resolicitation
of the same requirement under IFB No. DAAAO9-79-B-0279,
alleging that it was the low eligible bidder under
the provisions of the initial IFB.  That IFB, issued
by the U.S. Army Armament Materiel Readiness Command,
Rock Island, Illinois, was canceled after bid open-
ing when the Army realized there were two conflicting
provisions in the IFB concerning the acceptability of
telegraphic bid modifications.

     Bids under the initial IFB were opened at 10:00
A.M. on August 31, 1979, and the abstract of bids
reveals that Presco submitted the low unit prices.C
The Army reports that a timely telegraphic modifica-
tion received at 9:16 A.M. from the third low bidder,
Kings Point Manufacturing Company, Inc., was not
recorded on the abstract, notwithstanding that
on the basis of its modification, Kings Point would
have supplanted Presco as the low bidder, because
of a provision on page Al of the IFB stating:
Telegraphic messages will not be acceptable.

     Although initially of the opinion -that this
provision rendered the Kings Point modification
unacceptable, the Army subsequently discovered that
paragraph 5 of Standard Form (SF) 33A, Solicitation
Instructions and Conditions, incorporated by refer-
ence into the IFB, had not been deleted.  In pertin-
ent part, paragraph 5(b) provides:


!y L

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