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



B-191307 1 (1978-06-13)

handle is hein.gao/gaobadgdl0001 and id is 1 raw text is: 




                                            Paul Liebermn
                        'THE COMPTROLLER CENERAL
DECISION      . ,J. OF THE UNITED             STATES
                           A WARHINGTON, D.0. R054(



FILE: ' B-191307              DATE:  June 13, 1978

MATTER  OF:  Searle CT Systems


DIGEST:


1.   Where bidder's cover letter included in
     bid package contained on reverse side
     modified standard commercial terms in
     conflict with IFB requirements, and letter
     specifically incorporated by reference one
     such term, bid is nonresponsive despite
     bidder's general language in cover letter
     stating offer to be fully compliant with
     IFB.

 2.  GAO will not require contracting agency to
     cause work in awarded contract to be stopped
     until propriety of award has been decided.


     Searle  CT Systems (Searle) protests the award by
 the Naval Regional Procurement Office, Washington, D.C.
 (NRPO), of a contract to General Electric under invita-
 tion for bids (IFB) N00600-77-B-1876 for furnishing two
 whole body computed tomography systems for use by the
 National Naval Medical Center, Bsthesda, Maryland, and
 the Naval Regional Medical Center, Portsmouth, Virginia.

      Searle contends that the contracting officer incor-
 rectly considered the terms of a standard commercial
 form included on the reverse L.l.de of Searle's bid cover
 letter as rendering its bid nonresponsive.  For the
 following reasons, we concur with the contracting
 officer's finding that Searle's bid was nonresponsive
 to the IFB.

      The IFB was issued on September 2, 1977, and was
 amended four times, amendments 1 through 3 extending
 the bid opening date, and amendments 2 and 4 revising
 the specifications.  Bids were opened on November 16,
 1977, with the following proposed total prices:


I