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

LOG IN
LOG IN


B-192408 1 (1978-08-04)

handle is hein.gao/gaobadgha0001 and id is 1 raw text is: I I ob THECOIMPTR;L OECISION .(9op.oFTMauNIT WASt4N-3 TON, 'V I I I I B-3 92408 LER KNERA L4 rma TATeS D.0.B0t4 a I.' DATE: August 1s, 1f8 ,I MATTER OF: Fire & Technical Equipment Corp. DIGEST: 1. Where protester's initial submisslon indi- cates protest is without legal merit, GAO will render decision on matter without requesting report from procuring agency. 2. Deteimination that bid was nonresponsive because of provision which would impose on Government a 1.5 percent charge per month for past due accounts was proper under DAR S 2-404-2 as 'condition affected price and could not be deleted or waived as minor informality or irregularity. Fire & Technical Equipment Corp. (Fire-Tec) pro- tests the rejcttion of.its bid submitted in response to invitation for bids'(IPB) No. DAAKO1-78-B-1167,, issued by the U. S. Army Troop'Support and Aviation Mcitetiel Readiness Command (Army), St. Louis, Missouri. Fire-Tec's bid was rejected as nonresponsive because it contained a statement imposing a 1.5 percent charge per month oW all, accounts 30 days after due date. Fire-Tec contends that this statement was unintention- ally stamped on its bid and that it would be in the best interest of the Government to permit its deletion. In our opinion, this case falls within the ambit of our decisiobs which hold that where it is clear from the protester's initial submission that tWK pro- test is without legal merit, we will decide the matter on the basis of the prdtester's submission wiihout requesting a report froM the procuring agency pursuant to-our BidProtest.Procedures, 4 C.P.R. Part 20 (1977). See Western Branch.Diesell, Inc., B-190407, December 21, T17i, 77-2 CPD 494 and the cases cited therein. I-p 'I, * --..-. S It - - -a I. 04q FILE: I 41 I 9- 1 I I . I - 6 1