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B-276294 1 (1997-03-10)

handle is hein.gao/gaocrptafxx0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Esprit International Corp.

             File:        B-276294

             Date:        March 10, 1997

             Guido Gabbrielli for the protester.
             Adam Vodraska, Esq., Office of the General Counsel, GAO, participated in the
             preparation of the decision.
             DIGEST

             Where solicitation contains standard provision permitting bidders to insert
             acceptance period of less than 60 days, bidder offering a 14-day acceptance period
             may not be permitted to extend acceptance period after expiration of 14 days since
             acceptance of bid under such circumstances would afford bidder unfair advantage
             over other bidders.
             DECISION

             Esprit International Corp. protests the refusal of the Defense Reutilization and
             Marketing Service to consider its high bid for two items under sales invitation for
             bids (IFB) No. 31-7314, following the expiration of its bid acceptance period.

             We dismiss the protest.

             The IFB contained the following standard language concerning the bid acceptance
             period:

                    In compliance with the above, the undersigned offers and agrees, if
                    this bid is accepted within __ calendar days (60 calendar days if no
                    period is specified by the Government or the Bidder, but not less than
                    10 calendar days in any case) after date of Bid Opening, to pay for and
                    remove the property.

             Esprit limited its bid acceptance period to 14-calendar days from bid opening. At
             the January 7, 1997, bid opening, Esprit submitted the highest bids on items 166 and
             263.

             However, the agency could not process the award within the 14-day period due to
             certain administrative difficulties in connection with the sale. On January 29, the
             contracting officer informed Esprit that she could not award Esprit the items


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