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B-186659 1 (1976-08-26)

handle is hein.gao/gaobaddvd0001 and id is 1 raw text is: THE COMPTROLLER4 GENERAL DF;CISION J. O F THE UNITED STATES ;iWASHINGTON, 0. C. 20548 FILE: B-186659 DATE: August 26, 1976 MATTER OF: Abbott Power Corporation DIGEST: Failure to separately price items for first article test reports as provided for in IFB was not material deviation requiring rejec- tion of bid as nonresponsive as bid indicated price for reports was included in item prices and bidder was therefore obligated to provide data. Invitation for bids (IFB) DSA400-76-B-4030 was issued on April 30, 1976, by the Defense General Supply Center, Richmond, Virginia, for the purchase of two types of distribution centers under items 0001 and 0004. The solicitation also called for first article approval-contractor testing unless waived. The IFB indicated in the Unit Price column that items 0002 and 0005 (preproduction sample testing) need not be separately priced (NSP) but the cost should be included in items 0001 and 0004. The low bidder, Porta Power Pak, Inc. (PPPI), inserted NSP in the Unit Price column for items 0003 and 0006 (First Article Test Reports). Abbott Power Corporation (Abbott) contends that PPPI was not obligated to furnish the required data because no price was quoted for items 0003 and 0006 and, therefore, the bid should be rejected as non- responsive. In Chemical Technology, Inc., B-179674, April 2, 1974, 74-1 CPD 160, we stated: Our Office has held consistently that a deficiency or deviation which goes to the substance of the bid by affecting the price, quantity or quality of an article offered, so as to be prejudicial to the rights of other bidders, is a major deviation which may not be waived or cured and requires the bid to be rejected as nonrespon- sive. 30 Comp. Gen. 179 (1950); B-175243, June 16, 1972. However, a deficiency which is a matter of form, or which constitutes some immaterial deviation from the exact re- quirements of the specifications which would not affect -1 -

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