B-164440, AUG. 16, 1968
Highlights
TO GENERAL HEDLUND: ENCLOSED IS A COPY OF OUR DECISION TO SAFWAY STEEL PRODUCTS DENYING A PROTEST AGAINST AN INVITATION ISSUED BY YOUR AGENCY WHICH WAS THE SUBJECT OF A REPORT DATED JULY 8. IN THE INSTANT CASE THIS COULD HAVE BEEN ACCOMPLISHED BY THE PROCURING ACTIVITY BY INSERTING A "1" OR BLOCKING OUT THE BLANK WHERE BIDDERS WERE TO INDICATE THE UNITS PER SHIPPING CONTAINER.
B-164440, AUG. 16, 1968
TO GENERAL HEDLUND:
ENCLOSED IS A COPY OF OUR DECISION TO SAFWAY STEEL PRODUCTS DENYING A PROTEST AGAINST AN INVITATION ISSUED BY YOUR AGENCY WHICH WAS THE SUBJECT OF A REPORT DATED JULY 8, 1968, FROM YOUR ASSISTANT COUNSEL, REFERENCE DSAH-G.
IN ITS PRESENT FORM CLAUSE NO. 4.106 INVITES BIDDERS TO MAKE INSERTIONS WHICH AS IN THIS CASE CAN RESULT IN THE SUBMISSION OF A NONRESPONSIVE BID. CONSEQUENTLY, WE RECOMMEND THAT IN FUTURE PROCUREMENTS WHERE OTHER PROVISIONS OF THE INVITATION PRECLUDE DEVIATION FROM THE "PER (1)" PORTION OF CLAUSE NO. 4.106 AS FILLED IN BY THE PROCURING ACTIVITY, BIDDERS SHOULD NOT BE GIVEN THE OPPORTUNITY OF UNWITTINGLY MAKING INSERTIONS WHICH DEVIATE FROM SUCH A REQUIREMENT. IN THE INSTANT CASE THIS COULD HAVE BEEN ACCOMPLISHED BY THE PROCURING ACTIVITY BY INSERTING A "1" OR BLOCKING OUT THE BLANK WHERE BIDDERS WERE TO INDICATE THE UNITS PER SHIPPING CONTAINER.