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B-192988 1 (1979-07-11)

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B-192988


THE COMPTROLLER GENYERAL'''
OF THE UNITED STATES
WASH IN GTO.N, D. C. 20548




      OATE:  July 11, 1979


Honeywell, Inc. '


DIGEST:
1.    Where bid form provided spaces for unit
       prices, extended prices and a total price
       and award on basis of total price was
       permitted, bid settina forth price for
       nonrecurring c~stnov     tended prices
       for quantities L     ;:siientally funded
       clearly reflected intent such nonrecur-
       ring costs should be added to extended
       price for first quantity funded. As
       extended price was readily ascertainable
       from bid and total price was low, accept-
       ance of bid as responsive was proper.

 2.   Protest issues based upon improprieties
       apparent on face of the IFB will not be
       considered because protest was not filed
       before te bid opening date as required by
       Bid Protest Procedures. Although untimely
       issues are not of such importance to the
       competitive procurement process as to war-
       rant consideration under the significant
       issue exception, allegation of Anti-
       Deficiency Act violation merits comment.


              3.   Contract using funds without fiscal year
                    limitation and providing for purchase of
                    additional items only if funds become
                    available in future and agency, after
                    determination that it is in interest of
                    Government to do so, allots such funds to
                    contract does not violate the Anti-
                    Deficiency Act where contractor is not
                    required by contract or otherwise to per-
                    form in advance of allotment of such funds.

 N                 Honeywell, Inc. (Honeywell), protests award of a
                contract to Bell and Howell Company (Bell) by the Naval
                Air Development Center, U.S. Navy (Navy) under invita-
                tion for bids (IFB) No. N62269-78-50-80161. Honeywell



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