[Request for Reconsideration of Decision That Navy Improperly Rejected Bid]

B-213459.2: Nov 2, 1984

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The Navy requested reconsideration of a decision in which GAO sustained a firm's protest that its bid was improperly rejected as nonresponsive based on its failure to acknowledge an amendment. In the prior decision, GAO found that, since the amendment was not material, the protester's bid was responsive to the invitation for bids (IFB) and the Navy had improperly awarded the contract to another firm. The Navy contended that, since the amendment was issued to clarify a solicitation requirement which was subject to more than one interpretation, the amendment was material. The Navy further reported that contract termination was not feasible since the work had been substantially completed. GAO concurred that termination of the contract would be impracticable and held that: (1) its initial decision was based on the most reasonable interpretation of the IFB; and (2) the Navy's position that the requirement was subject to other interpretations did not warrant a reversal. Accordingly, the prior decision was affirmed.

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