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B-187288 1 (1976-11-09)

handle is hein.gao/gaobadegj0001 and id is 1 raw text is: 




                                      '%\THE COMPTROLLER GENERbL
N.            DE!CIS        ll .         . OF   THE UNIvEn            TA*ES
                                           WAGHINGTON. D.C. 2054B



              FILE:    B-187288                   DATE:    November 9, 1976

              MATTER OF:        Bayshore Systewe Corporation


              DIGST:

              1.  Miatake in bid'procedurev are not applicable to
                  correct a nonresponsive or ambiguous bid in order
                  to make it responsive.

              2.  Notation li/A next toIFB item for which price is
                  required can reasonably be interpreted that bid
                  price io no; applicable or that bid price does riot
                  include item,  Under circumstances bid must be
                  rejected because bidder could not be.contractually
                  bound to deliver item.


                  Bayshrfre Systems Corporation (Bayshore) protests the rejection
              of its bid under IPS. LGM-6-8136-1 which was issued by the Federal
              Aviation Administratlion (FAA),,Department of Transportation. The
              solicitation was for the acquiAition of portable instrument land-
              ing system receivers and ancillary items. Of the nine bids re-
              ceived, Bayshore was'the apparent low bidder but its bid was
              rejected as noureaporsnive to the requirements of the IFB.

                  The IFB ftated that award would be made on the basis of the
              lowest aggregate bid for all items and to be considered responsive,
              the bid must contain prices for all items except for two items
              which are-not relevant here. Bayt7ore inserted a N/A for item
              3(e) and did not othezwise quote a price or indicate there would
              be no charge for this item. Bayshore conteznds that its N/A was
              a clerical error and it intended to insert /  to indicate no
              charge for the item.  Bayahore states that the contracting officer,
              upon being informed of the mistake prior to award, should have .
              obtained verification and permitted correction. It further contends
              that the failure to p*:ice the item or indicate a no charge is a
              minor informality because its significance as to price, quantity,
              quality or delivery is trivial (less than .002 percent of its bid
              price) when contrasted to the total of the supplies being procured.


                                             -1-

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