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B-187067 1 (1976-08-06)

handle is hein.gao/gaobadtfh0001 and id is 1 raw text is: iMG1~ - -


DECISION


FILE: B-187067

MATTER OF:


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, E.C. 20548


                   DATE: August 6, 1976

Engineering Research, Inc.


DIGEST:

1.    Protest which alleges mistake in apparent low bid is
      not for consideration pursuant to GAO Bid Protest
      Procedures because contracting parties, not protester,
      must assert rights and bring forth all necessary evi-  '
      dence to resolve mistake-in-bid question. Possibility of
      mistake is referred to agency for verification.

2.    Protest alleging buy-in is not for consideration since
      ASPR 9 1-311 does not provide for rejection of bids in
      such cases.

3.    Protests concerning an affirmative determination of
      responsibility are no longer reviewed by GAO.exrept for
      reasons not applicable in this case.

4.    Allegation that apparent awardee failed to execute
      Affirmative Action Program provision in solicitation
      for supply contract involves a question of bidder
      responsibility, not responsiveness and failure to com-
      plete such provision may be waived as minor informality
      or irregularity under ASPR§ 2-405(vi).


      Engineering Research, Inc. (ERI) of Indianapolis, Indiana,
protests award to any other firm under Naval Regional Procurement
Office (Navy) IFB N00019-76-B-0007, for MK I wing assemblies for
the Sidewinder Missile system. Four grounds of protest are
stated.

      First, ERI suggests that the apparent low bidder, ACME
Machine &-Tool Company (ACME) must have made a mistake in
pricing its bid because ACME is a small company, has never pro-
duced wing assemblies before, and quotes a low unit price of
$221.60. ERI bid a unit price *f $234.65. In B. R. Abbot
Construction Company, B-186263,May 26, 1976, 76-1 CPD 344,


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