B-201837, JUN 16, 1981

B-201837, JUN 16, 1981

DIGEST: 1. PROTEST BASED ON USEFULNESS AND CLARITY OF IFB PROVISION REQUIRING SUPPLIERS OF FOREIGN PRODUCTS TO SPECIFY IMPORT DUTY IS UNTIMELY WHEN FILED AFTER BID OPENING. 2. ACCURACY OF BIDDER'S IMPORT DUTY CALCULATION WILL NOT BE QUESTIONED WHERE DUTY IS WAIVED AND AMOUNT OF DUTY IS SUBTRACTED FROM BID PRICE PRIOR TO AWARD, THEREBY NOT AFFECTING RELATIVE STANDING OF BIDDERS.

BRITISH STEEL CORPORATION, INC.:

BRITISH STEEL CORPORATION, INC. (BRITISH STEEL), PROTESTS THE AWARD OF A CONTRACT BY THE DEFENSE LOGISTICS AGENCY'S DEFENSE CONSTRUCTION SUPPLY CENTER TO SUPPLY STEEL TUBING UNDER INVITATION FOR BIDS (IFB) DLA700-81-B- 0271.

BRITISH STEEL ASSERTS TWO BASES FOR ITS PROTEST. FIRST, IT ALLEGES THAT THE REQUIREMENT IN THE IFB THAT SUPPLIERS OF FOREIGN PRODUCTS SPECIFY THE IMPORT DUTY APPLICABLE TO THEIR PRODUCTS IS PURPOSELESS AND MISLEADING WHERE PAYMENT OF THE DUTY IS THEREAFTER WAIVED AND THE AMOUNT OF THE DUTY IS SUBTRACTED FROM THE BID PRICE WITHOUT REGARD TO THE DUTY CALCULATION'S ACCURACY. IN ADDITION, BRITISH STEEL COMPLAINS THAT RIO SUPPLY COMPANY (RIO SUPPLY), THE SUPPLIER AWARDED THE CONTRACT, UNDERESTIMATED THE AMOUNT OF THE APPLICABLE IMPORT DUTY AND THUS RIO SUPPLY'S BID IS NONRESPONSIVE. THE PROTEST IS DISMISSED IN PART AND DENIED IN PART.