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B-182770 1 (1975-07-01)

handle is hein.gao/gaobadiyi0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION i OF THE UNITED STATES WASHINGTON, . C. 20548 FILE: B-182770 DATE: July 1,1975 MATTER OF: Applied Management Sciences, Inc. DIGEST: Ostensible low bid was properly rejected as nonresponsive for failure to clearly offer definite, fixed price as required by IFB. Bid (1) contained projected estimated cost and fixed- fee breakdown; (2) made references to negotiated procurements; (3) listed persons authorized to conduct negotiations; and (4) stated that, upon acceptance of proposal, Government agreed to reimburse contractor for all direct costs incurred and fixed fee earned in accordance with general provisions of Government agency which did not issue IFB. This, plus indicators that fixed price was being offered created ambiguity as to whether fixed price had been submitted. Applied Management Sciences, Inc. (AlAS), protests the rejection of its ostensible low bid under invitation for bids (IFB) No. 5-35017, issued by the United States Department of Commerce to provide an occupational health services program for the Social and Economic Statistical Administration. The contract for the program was awarded to the second low bidder, National Health Services, Inc. The IFB called for the submission of a definite, fixed price for the personnel, equipment, supplies and services specified to be paid in 12 equal monthly installments. In addition to pertinent portions of the IFB document, the AMS bid contained a cover letter and two pages of additional information. The first page entitled Projected Cost consisted of a breakdown of the bid (according to the cover letter) which included a listing and pricing of various cost elements (e.g., direct labor) computing to a total estimated cost. Added to the total estimated cost was a fixed fee at a designated percentage followed by the figure $62,594.20, which was labeled Total Fixed Price. This figure was identical to that inserted in the bidding schedule on the first page of the IFB. Page two of the additional information, entitled Other Adminis- trative Data, contained, in part, the following:

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