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B-191607 1 (1978-09-07)

handle is hein.gao/gaobadgju0001 and id is 1 raw text is: 




                           r        yvCMPTRLLERGE  4RAL /
   OEiISIONl a .t OF THE UNtITED BTATES
                            WASHINGTON, C. C. 20549



   FILE: 3B-191607                DATE:  eeptenber 7, 17C

   MATTER  OF:Patriot 01i,  Inc.

   DIGEST:

1.  Bidder  did not submit with bid, as required,
    valid  reference prices for each of its bid
    item  prices with result that contracting
    activity  had no basis for postaward price
    adjusth-ents to item prices based on market
    changes  in reference prices.  Thus, bidder
    had option of  providing or noF; providing
    activity with  correct reference prices
    after bid opening  and, therefore, was in
    position  of accepting or declining award.
    Bid was  therefore properly found to be
    nonresponsive  and not subject to correc-
    tion.  Delay  in making such decision does
    not affect  validity of action taken.

2.  Nonresponsive bid  may not be accepted by
    contracting  activity even if it is sole
    bid received.
3.  Fact  that price adjustment provision has
    been changed or  revised for procurements
    made subsequent  to protested procurement
    gives no basis for permitting  award to
    bidder submitting  nonresponsive bid on
    protested procurement  because, even assum-
    irng for sake of argument, that changes
    show old provision was  defective, proper
    course of action would he  to cancel
    solicitation and resolicit  with revised
    provision.
4.  Question concerning  rejection of protester's
    bid for certain  items because of unreasonabl'h
    prices raised 4 months  after initial protest
    is untimely and not  for consideration.

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