B-187277, DEC 23, 1976

B-187277: Dec 23, 1976

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WAS NONRESPONSIVE DUE TO THE BIDDER'S FAILURE TO ACKNOWLEDGE AN AMENDMENT WHICH REQUIRED THE CONTRACTOR TO INSTALL A TRACK SYSTEM FOR PANEL PARTITIONS WITHIN 10 DAYS AFTER NOTICE TO PROCEED. IT WAS BROUGHT TO OUR ATTENTION FOR THE FIRST TIME THAT THE ABOVE PROCUREMENT WAS CONDUCTED ON BEHALF OF A NONAPPROPRIATED FUND ACTIVITY AND INVOLVED NONAPPROPRIATED FUNDS. OUR EARLIER CONSIDERATION OF THIS MATTER WAS UNDERTAKEN WITHOUT KNOWLEDGE THAT THE PROCUREMENT WAS BY A NONAPPROPRIATED FUND ACTIVITY. WHILE IF WE HAD BEEN AWARE OF THIS FACT PRIOR TO OUR DECISION WE WOULD NOT HAVE CONSIDERED THE MATTER. THE HOLDING IN OUR DECISION IS VALID. IN LIGHT OF THE STATUS OF THE CONTRACT NO FURTHER ACTION IS NECESSARY.

B-187277, DEC 23, 1976

PRECIS - UNAVAILABLE

SECRETARY OF THE ARMY:

WE REFER TO A LETTER DATED JANUARY 14, 1977, FROM THE COMMAND COUNSEL, U.S. ARMY MATERIAL DEVELOPMENT AND READINESS COMMAND, REQUESTING RECONSIDERATION OF OUR DECISION IN MCALISTER & MCQUINN CONSTRUCTION CO., INC., B-187277, DECEMBER 23, 1977, 76-2 CPD 529, IN WHICH WE HELD THAT THE LOW BID SUBMITTED IN RESPONSE TO A SOLICITATION, ISSUED BY THE ABOVE COMMAND, WAS NONRESPONSIVE DUE TO THE BIDDER'S FAILURE TO ACKNOWLEDGE AN AMENDMENT WHICH REQUIRED THE CONTRACTOR TO INSTALL A TRACK SYSTEM FOR PANEL PARTITIONS WITHIN 10 DAYS AFTER NOTICE TO PROCEED, THE BALANCE OF THE CONTRACT TO BE PERFORMED WITHIN THE ORIGINAL PERFORMANCE PERIOD.

IN THE LETTER OF JANUARY 14, IT WAS BROUGHT TO OUR ATTENTION FOR THE FIRST TIME THAT THE ABOVE PROCUREMENT WAS CONDUCTED ON BEHALF OF A NONAPPROPRIATED FUND ACTIVITY AND INVOLVED NONAPPROPRIATED FUNDS.

OUR EARLIER CONSIDERATION OF THIS MATTER WAS UNDERTAKEN WITHOUT KNOWLEDGE THAT THE PROCUREMENT WAS BY A NONAPPROPRIATED FUND ACTIVITY. WHILE IF WE HAD BEEN AWARE OF THIS FACT PRIOR TO OUR DECISION WE WOULD NOT HAVE CONSIDERED THE MATTER, THE HOLDING IN OUR DECISION IS VALID. HOWEVER, IN LIGHT OF THE STATUS OF THE CONTRACT NO FURTHER ACTION IS NECESSARY.

IN THE FUTURE, SHOULD THE PROCUREMENT INVOLVE NONAPPROPRIATED FUNDS, OUR OFFICE SHOULD BE ADVISED OF THIS FACT.

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