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B-184221 1 (1976-02-06)

handle is hein.gao/gaobaddqv0001 and id is 1 raw text is: c ~ THE COMPTRODLLER GET-EPAL DECISIOl . OF THE UNITED STATES WASHINGTON, 0. C. 2054 FILE: B-184221 DATE: February 6,1976 MATTER OF: J. & H. Smith Mfg. Co., Inc. DIGEST: 1. Bid not containing prices for first article subitems is nonresponsive in view of invitation requirement making award conditional upon prices being submitted on all items being procured and fact that item quantity and unit price spaces were marked as not applicable is not controlling since each subitem was treated as 1 lot instead of consisting of various items and total item amount was left blank for price insertion. To permit bidder to argue that these prices were included in price of antennas being procured, where no indication exists in bid to show such intent, allows bidder option of accepting award or declining to accept award on basis that it failed to bid on first article subitems. 2. Allegation that pricing provisions in IFB are ambiguous is untimely raised but considered because of partial interrelation- ship with other issues. 3. Even if bidder may be considered as sole bidder, its nonrespon- sive bid may not be made responsive so as to permit award. Invitation for bids No. DAABO7-75-B-0177 was issued by the United States Army Electronics Command, Fort Monmouth, for the procurement of 8870 antennas and of first articles. Three bids were received. The low bidder alleged a mistake in bid and was permitted to withdraw its bid. The next low bid, that of the J. & H. Smith Mfg. Co., Inc. (J & H), was determined to be nonresponsive. J & H pro- tests this determination. Section D (Evaluation Factors for Award) of the invitation, specifically. subsection 32, provided that: - - A bi'dder/offeror must quote on all items in this solicitation to be eligible for award. All items will be awarded only as a unit. Evaluation of bids/offers will be based, among other factors, upon the total price quoted for all items. - 1 -

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