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B-275823 1 (1997-04-03)

handle is hein.gao/gaocrptafvv0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision





             Matter of: Kim's General Maintenance, Inc.

             File:       B-275823

             Date:       April 3, 1997

             James F. Nagle, Esq., Oles Morrison & Rinker, LLP, for the protester.
             Mark A. Rowland, Esq., McKenna & Cuneo, L.L.P, for Patriot Maintenance, Inc., an
             interveno r.
             Dennis D. Carpenter, Jr., Esq., Department of the Air Force, for the agency.
             Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Bid that omits standard form 1447, Solicitation/Contract, which contains the bid
             acceptance period provision, is nonresponsive where the bid does not otherwise
             unambiguously indicate agreement to the minimum required bid acceptance period.
             DECISION

             Kim's General Maintenance, Inc. protests the rejection of its bid under invitation for
             bids (IFB) No. F65503-96-B0012, issued by the Department of the Air Force for
             maintenance of Military Family Housing at Eielson Air Force Base, Alaska. The
             agency rejected Kim's low bid as nonresponsive because Kim's failed to execute and
             return with its bid standard form (SF) 1447, Solicitation/Award (the cover sheet of
             the IFB), which contains material provisions, or to otherwise incorporate these
             provisions in its bid. Kim's asserts that its agreement to all material requirements
             may be inferred by other references in its bid.

             We deny the protest.

             In its initial protest submission, the protester contended that it executed the
             SF-1447 and included it in its bid package, which it submitted to the Air Force by
             the November 12, 1996, amended bid opening date. The protester included
             statements from its general manager and another employee certifying that a copy of
             the SF-1447 was included in the bid package. Another of Kim's employees
             submitted a certified statement that he attended the bid opening and that the Air
             Force personnel did not note any irregularities with respect to Kim's bid.


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