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B-274203 1 (1996-11-05)

handle is hein.gao/gaocrptaelc0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Sundt Corporation

File:       B-274203

Date:       November 5, 1996

Henry M. Moore, Esq., Shumate, Kraftson & Sparrow, P.C., and Richard D.
Corona, Esq., Corona & Balistreri, for the protester.
Davide Golia, Esq., Marks & Golia, LLP, for Daley Corporation-California
Commercial Asphalt Corporation, an intervenor.
Frank K. Kotarski, Esq., Christopher M. Bellomy, Esq., and George N. Brezna, Esq.,
Department of the Navy, for the agency.
Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Where bidder acknowledges solicitation amendment changing the minimum bid
acceptance period from 90 to 120 calendar days, but inserts 90 in the bid form
blank for proposing an acceptance period, the bid is ambiguous as to the offered
bid acceptance period, a material solicitation requirement, and is therefore
nonresponsive.
DECISION

Sundt Corporation protests the rejection of its bid as nonresponsive under invitation
for bids (IFB) No. 68711-94-B-1587, issued by the Department of the Navy for
certain construction at the Marine Corps Air Station at Miramar, California.

We deny the protest.

The Navy issued the IFB on July 1, 1996, with a minimum bid acceptance period of
90 calendar days. Amendment No. 0001, issued July 18, changed, among other
things, the minimum bid acceptance period to 120 calendar days. Bid opening was
on August 1, and Sundt was the low bidder. In its bid, Sundt inserted 90 days in the
blank provided on Standard Form (SF) 1442 as its bid acceptance period and
included an acknowledgment of the amendment that changed the minimum bid
acceptance period to 120 days.


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