B-162082, NOV. 15, 1967

B-162082, NOV. 15, 1967

BIDS - DEVIATIONS - CLARIFICATION DECISION TO CHEM AIR CHEMICAL CORPORATION DENYING PROTEST AGAINST REJECTION OF BID FOR FURNISHING GSA DDT. BIDDER WHO HAD BID REJECTED BECAUSE HE OFFERED TO FURNISH A LARGER CONTAINER THAN SPECIFIED THEREBY INCREASING OCEAN FREIGHT COSTS MAY NOT BE ALLOWED TO CLARIFY BID INDICATING HOW CONTAINER SIZE WAS COMPUTED SINCE CONTAINER SIZE CAN HAVE MATERIAL EFFECT ON COSTS IT IS A MATERIAL REQUIREMENT THAT CANNOT BE WAIVED.

TO MR. KNOTT:

THIS IS IN REFERENCE TO THE LETTER OF SEPTEMBER 19, 1967, WITH ENCLOSURES, FROM THE GENERAL COUNSEL, GENERAL SERVICES ADMINISTRATION, IN CONNECTION WITH THE PROTEST FROM CHEM AIR CHEMICAL CORPORATION AGAINST THE POSSIBLE REJECTION OF ITS BID UNDER INVITATION FOR BIDS NO. FPA-A-57605-A- 7-14-67, ISSUED ON JUNE 30, 1967, BY THE GENERAL SERVICES ADMINISTRATION.

WE ARE ENCLOSING A COPY OF OUR LETTER OF TODAY TO CHEM AIR DENYING THE PROTEST.

IT IS POSSIBLE THAT A BIDDER COULD BECOME CONFUSED BY A CONTAINER SPECIFICATION WHICH LISTS THE CONTAINER DIMENSIONS, SPECIFIES A MAXIMUM CUBE WHICH IS NOT MATHEMATICALLY COMPUTABLE FROM THE LISTED DIMENSIONS EXCEPT BY DROPPING THE FRACTIONS AND THE SPECIFICATION ITSELF DOES NOT ADVISE BIDDERS THAT THE FRACTIONS ARE TO BE DROPPED IN COMPUTING THE CUBE. IN THE LETTER OF SEPTEMBER 19, 1967, WE ARE ADVISED THAT STEPS ARE BEING TAKEN TO AMEND THE CONTAINER SPECIFICATION TO ELIMINATE THE REQUIREMENT FOR A 2.84 CUBE. WE AGREE THAT THE CONTAINER SPECIFICATION SHOULD BE AMENDED IN SOME ACCEPTABLE MANNER TO AVOID POSSIBLE CONFUSION IN FUTURE PROCUREMENTS. IN THE FUTURE, IF CONTAINER DIMENSIONS ARE GIVEN IN THE SPECIFICATION AND THE FRACTIONS ARE TO BE DROPPED IN COMPUTING THE CUBE OF THE CONTAINER, THE SPECIFICATION SHOULD SPECIFICALLY ADVISE BIDDERS THAT THE FRACTIONS ARE TO BE DROPPED IN COMPUTING THE CONTAINER CUBE.