B-171401, JAN 19, 1971

B-171401: Jan 19, 1971

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BID PROTEST - CORRECTION OF BID INFORMING TRENTON SPORTSWEAR COMPANY IN CONNECTION WITH ITS PROTEST WITH REGARD TO AN IFB ISSUED BY THE MARINE CORPS SUPPLY DEPOT THAT SINCE AWARD WILL BE MADE TO A LOWER BIDDER ON THE BASIS OF AN UNCORRECTED BID. ITS PROTEST AS PER INSTRUCTIONS CONTAINED THEREIN IS CONSIDERED WITHDRAWN. SCHWAG: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED NOVEMBER 25. IT IS REPORTED THAT THE SUBJECT SOLICITATION WAS ISSUED ON OCTOBER 7. BIDS WERE OPENED NOVEMBER 10. AWARD OF THE CONTRACT IS BEING WITHHELD PENDING RESOLUTION OF THIS PROTEST. AS FOLLOWS: "THIS PROTEST IS TO BE CONSIDERED WITHDRAWN IF AN AWARD IS MADE TO A LOWER BIDDER ON THE BASIS OF UNCORRECTED BIDS. OR IF KAYDE'S BID IS WITHDRAWN.

B-171401, JAN 19, 1971

BID PROTEST - CORRECTION OF BID INFORMING TRENTON SPORTSWEAR COMPANY IN CONNECTION WITH ITS PROTEST WITH REGARD TO AN IFB ISSUED BY THE MARINE CORPS SUPPLY DEPOT THAT SINCE AWARD WILL BE MADE TO A LOWER BIDDER ON THE BASIS OF AN UNCORRECTED BID, ITS PROTEST AS PER INSTRUCTIONS CONTAINED THEREIN IS CONSIDERED WITHDRAWN.

TO MR. SAMUEL F. SCHWAG:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED NOVEMBER 25, 1970, AND DECEMBER 4, 1970, PROTESTING ON BEHALF OF TRENTON SPORTSWEAR COMPANY, WITH REGARD TO INVITATION FOR BIDS NO. M00150-71-B-0161, ISSUED BY THE MARINE CORPS SUPPLY DEPOT, PHILADELPHIA, PENNSYLVANIA.

IT IS REPORTED THAT THE SUBJECT SOLICITATION WAS ISSUED ON OCTOBER 7, 1970; BIDS WERE OPENED NOVEMBER 10, 1970, AND AWARD OF THE CONTRACT IS BEING WITHHELD PENDING RESOLUTION OF THIS PROTEST.

ESSENTIALLY, YOU CONTEND THAT ONE OF THE BIDDERS, KAYDE MANUFACTURING COMPANY, SHOULD NOT BE PERMITTED TO CORRECT ITS BID. YOU STATE IN YOUR LETTER TO THE MARINE CORPS DATED NOVEMBER 25, 1970, AS FOLLOWS: "THIS PROTEST IS TO BE CONSIDERED WITHDRAWN IF AN AWARD IS MADE TO A LOWER BIDDER ON THE BASIS OF UNCORRECTED BIDS, OR IF KAYDE'S BID IS WITHDRAWN, OR IF AN AWARD OF THE BARSTOW PORTION IS MADE TO MY CLIENT."

IT IS REPORTED THAT THE CONTRACTING OFFICER HAS DETERMINED THAT THE LOW BIDDER, KESTREL CORPORATION, IS RESPONSIVE AND RESPONSIBLE, AND THAT HE INTENDS TO MAKE AWARD TO THAT FIRM. ACCORDINGLY, SINCE AWARD WILL BE MADE TO "A LOWER BIDDER ON THE BASIS OF UNCORRECTED BIDS", WE WILL CONSIDER YOUR PROTEST WITHDRAWN IN ACCORDANCE WITH YOUR STATEMENT.