B-177716(2), MAY 3, 1973

B-177716(2): May 3, 1973

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DIRECTING ATTENTION OF MARINE CORPS CONTRACTING OFFICER TO HIS FAILURE TO ISSUE AN AMENDMENT INCORPORATING SIGNIFICANT INTERPRETATIONS OF THE IFB PROVISIONS WHICH HAVE BEEN FURNISHED A PROSPECTIVE BIDDER AND TO THE PREJUDICIAL EFFECT THEREOF. THIS IS IN REFERENCE TO THE LETTER DATED FEBRUARY 28. ARE COPIES OF OUR DECISIONS OF TODAY DENYING THE PROTESTS. YOUR ATTENTION IS DIRECTED TO THAT PORTION OF OUR DECISION TO MISSION VAN. WHEREIN WE RECOGNIZE THE PREJUDICIAL EFFECT WHICH MAY BE OCCASIONED BY A CONTRACTING OFFICER'S FAILURE TO ISSUE AN AMENDMENT INCORPORATING SIGNIFICANT INTERPRETATIONS OF THE IFB PROVISIONS WHICH HAVE BEEN FURNISHED A PROSPECTIVE BIDDER. THE FILE TRANSMITTED WITH THE REPORT OF FEBRUARY 28 IS RETURNED.

B-177716(2), MAY 3, 1973

DIRECTING ATTENTION OF MARINE CORPS CONTRACTING OFFICER TO HIS FAILURE TO ISSUE AN AMENDMENT INCORPORATING SIGNIFICANT INTERPRETATIONS OF THE IFB PROVISIONS WHICH HAVE BEEN FURNISHED A PROSPECTIVE BIDDER AND TO THE PREJUDICIAL EFFECT THEREOF.

TO LT. GEN. ROBERT E. CUSHMAN, JR.

THIS IS IN REFERENCE TO THE LETTER DATED FEBRUARY 28, 1973, REFERENCE AE- 2:RR, FROM THE ACTING QUARTERMASTER GENERAL OF THE MARINE CORPS, REPORTING ON THE BID PROTESTS FILED HERE BY MISSION VAN & STORAGE COMPANY (MISSION VAN), SULLIVAN STORAGE & TRANSFER COMPANY (SULLIVAN), AND AAA VAN & STORAGE COMPANY (AAA) AGAINST THE ACCEPTANCE OF THE ALL OR NONE BID OF DEWITT TRANSFER & STORAGE COMPANY (DEWITT) UNDER SCHEDULES I AND II OF IFB M00681-73-B-0022, ISSUED BY THE PURCHASING AND CONTRACTING OFFICE, OCEANSIDE, CALIFORNIA. IN ADDITION, THE REPORT CONCERNS THE PROTEST BY AAA AGAINST THE GOVERNMENT'S REFUSAL TO ACCEPT AN ALLEGED "NO CHARGE" BID BY ECKERT VAN & STORAGE COMPANY (ECKERT).

ENCLOSED, FOR YOUR INFORMATION, ARE COPIES OF OUR DECISIONS OF TODAY DENYING THE PROTESTS.

YOUR ATTENTION IS DIRECTED TO THAT PORTION OF OUR DECISION TO MISSION VAN, WHEREIN WE RECOGNIZE THE PREJUDICIAL EFFECT WHICH MAY BE OCCASIONED BY A CONTRACTING OFFICER'S FAILURE TO ISSUE AN AMENDMENT INCORPORATING SIGNIFICANT INTERPRETATIONS OF THE IFB PROVISIONS WHICH HAVE BEEN FURNISHED A PROSPECTIVE BIDDER. WE SUGGEST THAT APPROPRIATE ACTION BE TAKEN TO INSURE THAT IN FUTURE CASES CONTRACTING OFFICERS ABIDE BY THE REQUIREMENT IN ASPR 2-208(C) AND STANDARD FORM 33A, AND THAT ANY IMPORTANT INFORMATION GIVEN TO A PROSPECTIVE OFFEROR CONCERNING A SOLICITATION BE FURNISHED TO ALL PROSPECTIVE OFFERORS AS AN AMENDMENT OF THE SOLICITATION.

THE FILE TRANSMITTED WITH THE REPORT OF FEBRUARY 28 IS RETURNED.