B-218436, APR 10, 1985, 85-1 CPD 413
Highlights
BIDS - ACCEPTANCE TIME - LIMITATION - BIDS OFFERING DIFFERENT ACCEPTANCE PERIODS - SHORTER PERIODS - RESPONSIVENESS OF BID - SOLICITATION PROVISIONS DIGEST: BID WHICH ALLEGEDLY MISTAKENLY QUOTED ZERO DAY ACCEPTANCE PERIOD WHERE SOLICITATION REQUIRED 60-DAY MINIMUM BID ACCEPTANCE PERIOD IS NONRESPONSIVE. A SOLICITATION REQUIREMENT THAT A BID REMAIN AVAILABLE FOR A PRESCRIBED PERIOD IS MATERIAL AND FAILURE TO COMPLY WITH SUCH A MATERIAL REQUIREMENT RENDERS A BID NONRESPONSIVE AND INELIGIBLE FOR AWARD.
B-218436, APR 10, 1985, 85-1 CPD 413
BIDS - ACCEPTANCE TIME - LIMITATION - BIDS OFFERING DIFFERENT ACCEPTANCE PERIODS - SHORTER PERIODS - RESPONSIVENESS OF BID - SOLICITATION PROVISIONS DIGEST: BID WHICH ALLEGEDLY MISTAKENLY QUOTED ZERO DAY ACCEPTANCE PERIOD WHERE SOLICITATION REQUIRED 60-DAY MINIMUM BID ACCEPTANCE PERIOD IS NONRESPONSIVE.
VALICOPTERS, INC.:
VALICOPTERS, INC., PROTESTS THE REJECTION OF ITS BID ON SOLICITATION NO. DAKF57-85-B-0089, ISSUED BY THE UNITES STATES ARMY, FORT LEWIS, WASHINGTON. WE DISMISS THE PROTEST.
THE SOLICITATION REQUIRED A MINIMUM BID ACCEPTANCE PERIOD 60 DAYS. HOWEVER, VALICOPTERS STATES THAT IT MISTAKENLY INSERTED A ZERO IN THE SPACE PROVIDED FOR THE ACCEPTANCE PERIOD OF ITS BID.
A SOLICITATION REQUIREMENT THAT A BID REMAIN AVAILABLE FOR A PRESCRIBED PERIOD IS MATERIAL AND FAILURE TO COMPLY WITH SUCH A MATERIAL REQUIREMENT RENDERS A BID NONRESPONSIVE AND INELIGIBLE FOR AWARD. SEE GERENTINE CUTRONE SAND AND GRAVEL, INC., B-217249, DEC. 17, 1984, 84-2 CPD PARA. 679. FURTHER, EVEN IF VALICOPTER'S INSERTION OF A ZERO MISTAKE, THIS CANNOT BE CORRECTED AFTER BID OPENING TO MAKE THE BID RESPONSIVE. LANE BLUEPRINT CO., B-216520, OCT. 23, 1984, 84-2 CPD PARA. 454. ALLOWING CORRECTION IN THESE CIRCUMSTANCES WOULD GIVE THE PROTESTER, WHICH LIMITED ITS ACCEPTANCE PERIOD, AN UNFAIR COMPETITIVE ADVANTAGE OVER OTHER BIDDERS WHICH OFFERED THE REQUIRED 60-DAY PERIOD. SOUTHWEST BOAT CORP., B-216026, SEPT. 10, 1984, 84-2 CPD PARA. 276.