B-153728, JUL. 7, 1964
Highlights
WAS NONRESPONSIVE. YOUR LETTER ALLEGES THAT YOUR BID WAS RESPONSIVE. YOU ALSO FEEL THAT WE SHOULD HAVE DECIDED THE QUESTION WHETHER CORRECTION OF YOUR BID IN THE CIRCUMSTANCES PRESENTED WOULD HAVE BEEN PROPER. SUCH CORRECTION IS LIMITED BY FEDERAL PROCUREMENT REGULATION SEC. 1- 2.406-3 TO BIDS WHICH AS SUBMITTED ARE RESPONSIVE. WE HAVE HELD THAT WHERE THE ERROR IS ONE OF A FAILURE TO QUOTE A PRICE. WHICH IS THE SITUATION HERE. THE BID NORMALLY IS FOR REJECTION. IN VIEW OF THE FACTS PRESENTED TO OUR OFFICE WHICH ARE NOT DISPUTED IN YOUR LETTER OF MAY 20. IS AFFIRMED.
B-153728, JUL. 7, 1964
TO CARL N. SWENSON COMPANY, INCORPORATED:
WE REFER TO YOUR TELEGRAM DATED MAY 13, 1964, AND LETTER DATED MAY 20, 1964, REQUESTING RECONSIDERATION OF OUR DECISION, B-153728, APRIL 6, 1964, TO THE ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, IN WHICH WE CONCLUDED THAT YOUR BID UNDER INVITATION FOR BIDS NO. A-8200 ISSUED BY THE AMES RESEARCH CENTER, MOFFETT FIELD, CALIFORNIA, WAS NONRESPONSIVE. YOUR LETTER ALLEGES THAT YOUR BID WAS RESPONSIVE; HOWEVER, YOU FAIL TO OFFER ANY EVIDENCE IN ADDITION TO THE EVIDENCE CONSIDERED IN OUR DECISION OF APRIL 6, 1964, IN SUPPORT OF YOUR POSITION. YOU ALSO FEEL THAT WE SHOULD HAVE DECIDED THE QUESTION WHETHER CORRECTION OF YOUR BID IN THE CIRCUMSTANCES PRESENTED WOULD HAVE BEEN PROPER.
THE FACTS AS STATED IN B-153728, APRIL 6, 1964, SHOW THAT YOU SUBMITTED A PRICE FOR ONLY FIVE OF THE SIX ALTERNATES SPECIFIED IN THE INVITATION. WHILE ERRORS IN BIDS MAY BE CORRECTED, AS STATED IN B 153728, APRIL 6, 1964, SUCH CORRECTION IS LIMITED BY FEDERAL PROCUREMENT REGULATION SEC. 1- 2.406-3 TO BIDS WHICH AS SUBMITTED ARE RESPONSIVE. WE HAVE HELD THAT WHERE THE ERROR IS ONE OF A FAILURE TO QUOTE A PRICE, WHICH IS THE SITUATION HERE, THE BID NORMALLY IS FOR REJECTION. SEE 38 COMP. GEN. 372, 376. IN VIEW OF THE FACTS PRESENTED TO OUR OFFICE WHICH ARE NOT DISPUTED IN YOUR LETTER OF MAY 20, 1964, YOUR BID AS SUBMITTED MUST BE CONSIDERED AS NONRESPONSIVE. IN THIS SITUATION FEDERAL PROCUREMENT REGULATION SEC. 1 -2.406-3 PRECLUDES A CORRECTION OF YOUR BID.
IN VIEW OF THE FOREGOING OUR DECISION B-153728, APRIL 6, 1964, IS AFFIRMED.