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B-192979 1 (1979-01-30)

handle is hein.gao/gaobadgwl0001 and id is 1 raw text is: 



                         THE  COMPTROLLER GENERAL
 DECISIO        2rJlyl   OF  THE   UNITED STATES          0
                                                          0
                         WASHINGTON, D.C. 20548




 FILE: B-192979                DATE: January 30, 1979

 MATTER  OF:   Jonard Industries Corporation


 DIGEST:


     Bid submission, with samples, which
     included typewritten name and title
     of person authorized to sign but no
     signature, was properly rejected as
     nonresponsive and was not subject to
     correction or waiver as a minor infor-
     mality under Federal Procurement Regu-
     lations § 1-2.405(c) (1964 ed.).


     Jonard Industries Corporation (Jonard) protests the
rejection of its unsigned low bid submitted in response
to solicitation No. FTAN-F5-10087-8-8-78 issued by the
General Services Administration (GSA).  The solicita-
tion was for certain tools, and required the submission
of bid samples.

     Jonard contends that even though its bid was un-
signed, its intent to be bound by the terms of the solic-
itation was clear, that in one other instance GSA had
accepted an unsigned bid from it and that the lack of a
signature was an oversight and should have been waived
as a minor informality.  Jonard further objects because
during the 45 days between bid opening and notification
that its bid had been rejected it had refused business
to conserve its production capacity for award on this
procurement.

    GSA contends that the lack of a signature was not
subject to correction or waiver as a minor informality
under Federal Procurement Regulations (FPR) S 1-2.405(c)
(1964 ed.) because the bid contained only the typewrit-
ten name and title of Jonard's manager and there was
no other acceptable evidence of an intent to be bound
by the bid.  It points out that the contracting officer
visually checked the bid samples and the sample bid
sheet and found no accompanying letters or signatures.

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