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B-204455.2 1 (1982-03-01)

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D CISION


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FILE: B-20445
MATTER OF:


5,2


4'ATE:


March 1, 1982


'anguard Inc ,\Utrial Corporation--
  Reconsideration


DIGEST:


A bid that failed to price three first
arti-Cle-related requirerlents as mandated
by the TEP properly was rejected, since
the Government's acceptance of the, bid
would not legally obligate the firm to
neet those requirements.


     Vanquard Industrial Corporation requests that
we reconnider our decision O-M04455, Januiary 6, 1902,
02-1 CPD    , that denied the firm's protest against
the rejeci-on of its bid as nonronponsivo under invi-
tation for bids (IFB) DAAR07-l-B-1088, issued by, the
Department of the Army for night vision sight cases.
We affirm our decision.

     The XEB3 required thaot a bidder enter either a
price, 14if not applicable, or IUSP if not sepa-
rately priced, in the space provided for each of four
first article-related itens; the first aticle itself,
a first article test plan,testing, and a test report.
Bidders %ere cautioned that the failure to follow
this instruction would render a bid nonresponsive.
Vanguard bid $714 to furnish the first article, but
left the other three spaces blank, and the bid there-
fore was rejected.

     Vanguard ansnrted that simply by inserting a price
to furnish the first article item and by signing the
bid, the firm committed itself to all first article-
related requirements.   Vanquard also complained that
it did not price the test plan, testing, and test
report according to oral instructions from an uniden-
tified individuial at the contractinq activity.


We denied
t:hat the
(d only the


the protest because we could not
Government's acceptance of a bid
first article unit itself would


con-
that
legally


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THE !OMPTROLLER WGNERAL
OF THE UNITEIM STATEB
WASHINGTON, 0,C, 205493

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