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B-205969.2,B-205969.3 1 (1982-05-28)

handle is hein.gao/gaobadkij0001 and id is 1 raw text is: TH0 C.,IPTROLLIR GUq'IRAL DECISION 0F THE UNITED STATE93 il'', WASHINGTON, o.Q, 20546 10 . , . FILEt B-205969o2; -205969,3 DATE; hay 28, 1982 MIATTER OF;Professional Materials Handling Co., VI nc .,--Recons id era t ion DIGEST: Iv rde rule, expressed iv 'recent GAO deci- sons, that a bidder ofering leas than the requeeted bWd acceptance period can- not extend that period to accept award vinen others have offeredl the requested period does not apply were an award in fact was made to another firm within the shorter bid acceptance period and the bid- der that offered the shorter per:!,od filed a timely and successful protest that it should have received the contract, 2. It would be fundamentally unfair and tan- tamount to sanctioning a prohibited auction for an agency to declare unreasonably high the .low bid under a reinstated solicitation based on a comparison with the low bid under a resolicitation there a bidding misrepre- sentation by the resolicitation's low bidder * in connection with the first procurement created the auction situation, .' 3. A procuring agency properly may make award to a bidder at the price it bid under a . reinstated IFB despite the fact that that bidder submitted a lower bid under an inva- lid resolicitation. 4' 4. A bidder can offer an acceptance period that Y is shorter than the one requested and still be responsive to a solicitavion that does not mandate a minimum acceptance period, although the bidder runs the risk that award will not Olt be made before the shorter period expires. I a 9

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