B-171854(2), MAY 21, 1971

B-171854(2): May 21, 1971

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AN AMENDMENT ISSUED BY THE PROCURING ACTIVITY CONTAINED LANGUAGE WHICH WAS INCONSISTENT WITH ITS INTENT AS SHOWN BY THE SOLICITATION. FLETCHER: REFERENCE IS MADE TO A LETTER DATED MARCH 26. ENCLOSED IS A COPY OF OUR DECISION TODAY TO SUN PHOTOGRAPHICS. WHILE WE HAVE DENIED THE PROTEST. IT SHOULD BE NOTED THAT AMENDMENT NO. 1 CONTAINED LANGUAGE WHICH WAS INCONSISTENT WITH THE INTENT OF THE PROCURING ACTIVITY AS SHOWN BY THE ARTICLES OF THE SOLICITATION. IT IS OUR VIEW THAT IN FUTURE SITUATIONS OF THIS NATURE. THE FILE RECEIVED WITH THE LETTER OF MARCH 26 IS RETURNED.

B-171854(2), MAY 21, 1971

BID PROTEST - AMBIGUITY - OPTIONS WITH RESPECT TO THE PROTEST OF SUN PHOTOGRAPHICS, INC., AN AMENDMENT ISSUED BY THE PROCURING ACTIVITY CONTAINED LANGUAGE WHICH WAS INCONSISTENT WITH ITS INTENT AS SHOWN BY THE SOLICITATION; IN FUTURE SITUATIONS OF THIS NATURE, INCONSISTENCIES SHOULD BE CORRECTED BY AN AMENDMENT TO THE SOLICITATION WHEN CALLED TO THE ATTENTION OF THE PROCUREMENT PERSONNEL PRIOR TO BID OPENING.

TO DR. FLETCHER:

REFERENCE IS MADE TO A LETTER DATED MARCH 26, 1971, REFERENCE KDA-2, FROM YOUR AGENCY FURNISHING US A REPORT ON THE PROTEST OF SUN PHOTOGRAPHICS, INC., AGAINST AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. S03013/667, ISSUED BY THE GODDARD SPACE FLIGHT CENTER.

ENCLOSED IS A COPY OF OUR DECISION TODAY TO SUN PHOTOGRAPHICS, INC., DENYING ITS PROTEST. WHILE WE HAVE DENIED THE PROTEST, IT SHOULD BE NOTED THAT AMENDMENT NO. 1 CONTAINED LANGUAGE WHICH WAS INCONSISTENT WITH THE INTENT OF THE PROCURING ACTIVITY AS SHOWN BY THE ARTICLES OF THE SOLICITATION. IT IS OUR VIEW THAT IN FUTURE SITUATIONS OF THIS NATURE, INCONSISTENCIES SHOULD BE CORRECTED BY AN AMENDMENT TO THE SOLICITATION WHEN CALLED TO THE ATTENTION OF THE PROCUREMENT PERSONNEL PRIOR TO BID OPENING.

THE FILE RECEIVED WITH THE LETTER OF MARCH 26 IS RETURNED.

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