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B-203589.2 1 (1981-11-02)

handle is hein.gao/gaobadjvy0001 and id is 1 raw text is: ~~~~ITHE COMP~TROLLER GENERAL DECIS7ON OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-203589.2 DATE: November 2, 1981 JMATTER OF: MT RF AMS Manufacturing, Inc.-- Reconsideration DIGEST: Prior decision, denying the protest, is affirmed where the protester does not show that the decision contains any error of fact or law. AMS Manufacturing, Inc. (AMS), requests reconsideration of our decision in the matter of AMS Manufacturing, Inc., B-203589, September 2, 1981, 81-2 CPD 195, wherein we denied its protest. The United States Army Armament Materiel Readiness Command (Army), Rock Island, Illinois, issued invita- tion for bids (IFB) No. DAAA09-81-B-0049 to procure 274,054 lifting plugs for use on four different types of projectiles. The AMS bid was the fourth lowest bid. In its protest to our Office, AMS argued that the two lowest bids (Solar Flame, Inc., H/R Products, Inc.) were nonresponsive for failure to comply with the IFB's Surge Option for Increased Quantity provision. Since the third low bidder's small business size status had been referred to the Small Business Admin- istration, we considered only whether the Solar Flame and H/R Products bids were responsive. Because the Surge Option provision was not being evaluated in determining the awardee, there was no option price ceiling and nothing in the IFB indicated that an offer :for the Surge Option was mandatory, we concluded that the failure to comply was not a material deviation requiring bid rejection. We also held that, contrary to AMS's assertion, a bidder which did not offer the Surge Option did not obtain an unfair competitive advantage. On reconsideration, AMS focuses on our conclusion that the failure to bid on the Surge Option provision did not render the two lowest bids nonresponsive. 11S-1

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