About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-271215 1 (1996-05-24)

handle is hein.gao/gaocrptaedj0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Nomura Enterprise, Inc.

File:       B-271215

Date:       May 24, 1996

Al Weed, Nomura Enterprise, Inc., for the protester.
Kerry Miller, Esq., Government Printing Office for the agency.
Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. No basis exist to object to the agency's price reasonableness determination of
the awardee's bid merely because the price was higher than the protester's intended
bid.

2. Bid is not materially unbalanced where there is no evidence that the awardee's
bid will not result in the lowest ultimate cost to the government.

3. Alleged oral advice from government official that varies the terms of an
unambiguous solicitation is not binding on the agency and may not reasonably be
relied upon by potential bidders.
DECISION

Nomura Enterprise, Inc. protests the award of a contract to I-NET, Inc. under
invitation for bids (IFB) No. A-899-S, issued by the Government Printing Office
(GPO), for electronic conversion and Standard Generalized Markup Language
(SGML) tagging of technical publications. Nomura contends that the agency made
award to I-NET at an unreasonably high price, that I-NET's bid was mathematically
and materially unbalanced, and that an IFB amendment and oral advice rendered
the specifications ambiguous or defective, which caused Nomura to submit a bid
containing a mistake.

We deny the protest.

The GPO issued the IFB to obtain a contractor to convert paper-based technical
publications to electronic text and graphic files with embedded SGML tags for the
Department of the Army, Aviation and Troop Command (ATCOM). The IFB
contemplated the award of a fixed price requirements contract for a 6-month base
period with 2 option years. Bidders were required to submit individual line item


340523

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most