About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


B-185571 1 (1976-03-01)

handle is hein.gao/gaobaddfi0001 and id is 1 raw text is: DECISION THE COMPTROLLER GENERAL . .YOF THE UNITED- STATES WASHINGTON. D.C. 20548 FILE: B-185571 MATTER OF: DATE: March 1, 197 Royal Industries 92o q 4 DIGEST: Where protester alleges failure of low bidder to complete Affirmative Action Program clause of IFB applicable to bidders who bid $50,000 or more and have 50 employees or more renders low bid nonresponsive, protest is denied since at time of bid opening bidder did not have 50 or more employees. Further, even if clause was applicable, ASPR § 2-405(vi) specifically permits waiver of failure to complete, and since it concerned bidder responsibility rather than bid responsiveness it could have been completed after bid opening in any event. By letter dated December 18, 1975, Royal Industries, Energy Products Division (Royal), has protested the proposed award of a contract to Pastushin Aviation Company (Pastushin) pursuant to invitation for bids (IFB) No. N00019-76-B-0002, issued by the Naval Air Systems Command on October 20, 1975. The IFB, requiring delivery of 689 Aero-2D external fuel tank assemblies, first article testing, and associated technical data was opened on December 9, 1975. The following bids were received: BIDDER Pastushin Aviation Division, Swiss Electro Instruments, Inc. Royal Industries, Energy Products Div. Verco Industries Sargent Fletcher Co. G. S. E. Dynamics, Inc. TOTAL $1,316,530.00 $1,421,897.00 $1,604,407.71 $1,620,470.28 $8,284,220.00 -1 -