B-177662(2), FEB 21, 1973

B-177662(2): Feb 21, 1973

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

JR.: ENCLOSED IS A COPY OF OUR DECISION OF TODAY. THE PROTEST WAS THE SUBJECT OF A REPORT DATED JANUARY 18. THE FILE TRANSMITTED WITH THAT REPORT IS RETURNED. ALTHOUGH THIS FACTOR WAS NOT INVOLVED IN THE PROTEST. IT IS SUGGESTED THAT IN ANY FUTURE SOLICITATIONS UTILIZING THESE DOCUMENTS.

B-177662(2), FEB 21, 1973

BID PROTEST - NONRESPONSIVE BID - AMBIGUOUS ACCEPTANCE PERIOD - CROSS REFERENCE CONCERNING THE DECISION OF TODAY DENYING A PROTEST BY SOUTHERN EMPIRE EGG FARM, INC., AGAINST THE REJECTION OF ITS BID AS NONRESPONSIVE. THE COMP. GEN. RECOMMENDS THAT IN FUTURE SOLICITATIONS UTILIZING DPSC FORM 3113, WHICH REFERS TO A 60-DAY ACCEPTANCE PERIOD, A CROSS REFERENCE BE MADE IN THE ADVERTISED NOTICE OF INTENT TO PURCHASE TO THE OPTIONAL 30- DAY MINIMUM ACCEPTANCE PERIOD.

TO LT. GEN. WALLACE H. ROBINSON, JR.:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY, DENYING THE PROTEST OF SOUTHERN EMPIRE EGG FARM, INC., AGAINST THE REJECTION OF ITS BID AS NONRESPONSIVE UNDER ADDENDUM NO. 7 TO ADNIP DSA 135-72-E-0183 OF THE SUBSISTENCE RH NEW ORLEANS, DPSC, NEW ORLEANS, LOUISIANA.

THE PROTEST WAS THE SUBJECT OF A REPORT DATED JANUARY 18, 1973, DSAH G, FROM YOUR ASSISTANT COUNSEL, AND THE FILE TRANSMITTED WITH THAT REPORT IS RETURNED.

ALTHOUGH THIS FACTOR WAS NOT INVOLVED IN THE PROTEST, WE NOTE THAT ADDENDUM NO. 7, DPSC FORM 3113, REFERRING TO A 60-DAY ACCEPTANCE PERIOD, DID NOT CALL THE ATTENTION OF BIDDERS TO PARAGRAPH D1 OF THE ADNIP WHICH PROVIDED FOR A 30-DAY MINIMUM ACCEPTANCE PERIOD FOR BIDS. IT IS SUGGESTED THAT IN ANY FUTURE SOLICITATIONS UTILIZING THESE DOCUMENTS, A CROSS- REFERENCE BE MADE ON DPSC FORM 3113 TO PARAGRAPH D1 OF THE ADNIP. SEE, IN THIS CONNECTION, 46 COMP. GEN. 418 (1966) AT PAGE 423.