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B-182730 1 (1975-05-20)

handle is hein.gao/gaobaduqb0001 and id is 1 raw text is: DIGFwr - D~ECISION FILE: B-182730 THE' COMPTROLLER GENERAL OF THE UNITEO-STATES WASHINGTON, 0.C 2. 0-548 DATE: May 2011975 MATTER OF: Flippo Construction Co., Inc. DIGEST: Denial of protest against rejection of bid is affirmed, since doctrine of equitable estoppel, only legal basis upon which -protester could-sustain position, is not applicable where expenses-were incurred in reliance on communications from- persons-without authority to make contract award. Flippo Construction Co., Inc. (Flippo), has requested recon- sideration of decision B-182730, March 7, 1975, wherein our Office * denied the firm's protest of a contract award by the Government of * the District of Columbia to the Marbro Company, Inc. (Marbro), for a culvert and paving project under invitation for bids No. 226-AA- 02-O-4-KA. Bids were solicited on two alternate approaches. At the bid opening.on September 18, 1974, Marbro was the low bidder at $278,035 for each alternate. Flippo was next low bidder at $290,461.50 and .$298,058.50 for alternate A and B, respectively. When it was discovered that Marbro had failed to acknowledge two-of the three addenda issued, the contracting officer proposed to reject Marbro's - bid as nonresponsive and recommended that award for alternate B- be made to Flippo. This was orally communicated to Flippo on __ September 26, 1974, by the Deputy Assistant Director of the Bureau of Design, Engineering and Research, Department of Highways and Traffic, for the District. The award of the contract to Flippo was delayed as a resu of its tardiness in submitting the affirmative action program. required by the District. Subsequently, it was determined by Assistant Corporation Counsel, Chief, Special Assignments Divi that Marbro's failure to acknowledge the addenda. could be waiv as a minor informality. - 1 - it the sion, e.: :.. v.7:i: :' 5.5 r

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