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B-187742 1 (1977-02-03)

handle is hein.gao/gaobadejk0001 and id is 1 raw text is: 





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                       .*         j THE  CUMPTWDMLLEU   OENENAL
           iK       HON             aP  THU   UNITED     U!ATUP
                                    WAWMINQTON, D*a     .  an  4



            PILE: 8-187742                OATE: Webrury 3. 1977
     *      MATTER  OF:   P&N Construction Company, Inc.

            DIGEST:
            1.  dtl    utatement siimitted in support of initial pro-
              test is timely because statement was not sh6wn to have
              been niiled more tian.five days after receipt of PAO
              request for additional statement, allowing for a reAson-
              able time for protester to riecov GkO requect. Fact
              that maore then ten -days elapsed bet cen'receipt of initia
              protest, which romiset a4ditional statement, and receipt
              at supplemenalstatemeht 19 not material.
                                     I*
               EmXi h            Nd apparently me subniitt .on basis of
               alteintive not ccnteinplat~d by.& dng schedule, bid may
               be accepted becase it is responkive to specficatioms, both
               as submitted and as clarified. In circumstances protester
               was not prejudiced by low bidder's deviation from bid
               schedule instructiona.
            3. Low responsive bid may be reduced after bid opening.

            ,        s     1  thenccpabhity  of thioc-
            tion.Inc, *(Ao4 uner iiitaltioni for bidu (IFB) DACW 27-76-B-0113,
            isu0ued on Septter 27' 416., by the Lojieville District, Cos of
            Enthliees (Corps), United States Army. The IFB cals for cci struc-
            tion otfcertain recreatioi fcilities at Brookville Lake, ion the East
            Fork of the Wit*a ter River, Indiana. The Corps propbues to aake
            awai i AiTo uhaer.theIFB, but P&N Construction Company, Inc.
            (P&N), the only other bidder, has protested this matter to our Office
                      dated November 1, 1976, and subrequent submissions
             ';'vj~ rn eyu.f
               nA pon                 ea      o   a   ed  question
            concr  it  melinessof  P&Ns  protest. Then id Proest Pro-
            cedures pubilfhed by our Office at 4 C. F. R.  20 2 et g . establish
            & general requirement that bid protests all be fileinotlater than
            10 days after the basis for the protest is known or should iave been
            known. 4 C.F. R. 20, 2(b)(2). In this case, bids were opened on

                                      -1-

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