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B-283130 1 (1999-09-22)

handle is hein.gao/gaocrptajlf0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Valley Forge Flag Company, Inc. File: B-283130 Date: September 22, 1999 Robert G. Fryling, Esq., and Edward J. Hoffman, Esq., Blank Rome Comisky & McCauley, for the protester. James S. DelSordo, Esq., Barbara S. Kinosky, Esq., and James S. Phillips, Esq., Williams Mullen Clark & Dobbins, for Allied Materials and Equipment Co., Inc., an intervenor. Merilee Rosenberg, Esq., Department of Veterans Affairs, for the agency. Jacqueline Maeder, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly awarded contract to bidder whose bid was nonresponsive because it took exception to the delivery schedule required by the solicitation. DECISION Valley Forge Flag Company, Inc. protests the award of a contract to Allied Materials and Equipment Co., Inc. under invitation forbids (IFB) No. 101-01-99, issued by the Department of Veterans Affairs (VA). Valley Forge contends that Allied's bid should have been rejected as nonresponsive because it took exception to the delivery schedule required by the solicitation. We sustain the protest. The IFB, issued as a small business set-aside on March 31,1999, contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity contract' for an 'An indefinite-delivery, indefinite-quantity contract provides for an indefinite quantity, within stated limits, of supplies or services to be furnished during a fixed period, with deliveries or performance to be scheduled by placing orders with the contractor. Federal Acquisition Regulation (FAR) § 16.504(a).

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