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B-182006 1 (1975-06-04)

handle is hein.gao/gaobadcis0001 and id is 1 raw text is: o-THE CO PR LE GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 2054S (NITEP~,2 FILE: B-182006 DATE: June 4, 1975 MATTER OF: Rise, Inc. DIGEST: 1. Prior decision concluding that low bid offering recorder without print wheel required by specification was properly found to be nonresponsive is affirmed on reconsideration. 2. Protest allegation, made after bid opening, of alleged contradiction in specification was not raised timely as contradiction was or should have been apparent prior to opening and is not, therefore, for consideration on the merits. 3. Notwithstanding untimeliness of protest, even though interpretation given to continuously recorded require- ment of specification by protester (which, if adopted by contracting activity, would have made successful bid nonresponsive) may be valid, interpretation given require- ment by contracting activity is more reasonable in view of other specification requirement. Therefore, determina- tion that successful bid was responsive to continuously recorded requirement was reasonable. GAO technical personnel possessing expertise in this area were utilized in reaching conclusion. In Matter of Rise, Inc., B-182006, January 28, 1975, our Office denied the Rise, Inc., protest against the rejection of its bid and the award of a contract to the Texas Nuclear Corporation (TNC) under invitation for bids No. DACW66-74-B-0096, issued by the Corps of Engineers, Memphis District, for the procurement of a dredge instrumentation and production metering system. The Rise bid was rejected because the recorder offered with the system did not have a print wheel as required by the specification. The award to TNC was sanctioned notwithstanding the Rise contention that a print wheel as was offered by TNC (or any recorder utilizing a print wheel) would not permit the necessary variables to be continuously recorded in an endless sequence, as was also required by the specification. A reconsideration of that decision has been requested. - 1 -

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