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B-185109 1 (1976-02-19)

handle is hein.gao/gaobaddde0001 and id is 1 raw text is: 5 ~. THE COMPTROLLER GENERAL DECISI N . I . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-185109 DATE: February 19, 1976 MATTER OF: Kings Point Manufacturing Company, Inc. DIGEST: Telegraphic modification to bid created no ambiguity where bidder offered revised firm fixed prices and fact that remainder of telegram manifesting bidder's willingness to accept an award for less than the quantities advertised in solicitation at a further reduction in price may have been initially confusing does not render bid nonresponsive, where contracting officials are able to satisfy themselves after further examination of bid so as to remove any doubt as to bidder's intent and arrive at a reasonable interpretation of bidder's statements. Kings Point Manufacturing Company, Inc. (Kings Point) protests the proposed award of a contract to Lite Industries, Inc. (Lite) by the Department of the Navy's Aviation Supply Office, (ASO), Philadelphia, Pennsylvania, under invitation for bids (IFB) No. N00383-76-B-0048, a total small business set-aside. The IFB solicited bids on 14 items of coveralls. Items one through six and 14 were for coveralls known as innershells and items seven through 13 were for coveralls known as outershells. Stepladder or alternate quantities (ranging from three to five) were listed for each of the items which appeared on the invitation's Bid . Form. ASO intended that a single award would be made for all the items at one of the selected stepladder quantities set forth for each such item. Award of the contract to Lite has been withheld pending resolution of the protest. Three bids were received and opened on August 28, 1975. Lite, the low bidder, submitted two timely telegraphic modifications to its bid. The first modification, dated August 28, 1975, revised Lite's initial bid prices (reduced the unit bid prices for each stepladder quantity of items one through 13 and increased the unit bid price for each stepladder quantity of item 14) and made the following representations (for purposes of discussion and to facilitate identification the contracting officer added paragraph letters b, c, and d to the various parts of the telegram): - 1 -

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