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B-208918 1 (1983-08-02)

handle is hein.gao/gaobadlfv0001 and id is 1 raw text is: 
                         THE COMPTROLLER GENERAL
DECISION                 OF. ow THE UNITEO STATEI
                         WASHINGTON. D. C. 2054R




FILE: B-208918                DATE:
                                      August 2, 1983

MATTER OF: General Construction Company/Reidel
                International

DIGEST:

1.   Where a grantee state's regulations for a
     construction project provide that the
     grantee may reject an unbalanced bid if it
     is found to be detrimental to the grantee,
     that regulation is not violated when
     grantee, after examining the situation,
     finds that acceptance of the bid would not
     be detrimental.

2.   Where solicitation does not preclude sub-
     mission of a front-loaded bid, a mathemati-
     cally unbalanced bid is not nonresponsive
     to the solicitation and bidder's post-bid
     opening submission of a construction sched-
     ule indicating that the bid was not front-
     loaded did not result in a nonresponsive
     bid being made responsive.

3.   Where acceptance, after bid opening, of the
     low bidder's agreement to perform according
     to a construction schedule and to charge
     for possible additional work based on its
     actual costs did not represent material
     char es to the solicitation and did not
     res.t in a reduction of the contract obli-
     gations for which all bidders competed,
     competition was conducted on an equal
     basis.

4.   Where the low bidder certifies in its bid
     that it will comply with minority subcon-
     tracting requirements, its bid is respon-
     sive on the point, and whether it actually
     carries out this legal obligation during
     performance is a matter of contract and
     grant administration within the purview of
     the grantee and grantor.

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