B-225041, OCT 29, 1986
Highlights
PROCUREMENT - SEALED BIDDING - BIDS - RESPONSIVENESS - ACCEPTANCE TIME PERIODS - DEVIATION DIGEST: BID CONTAINING 30-DAY ACCEPTANCE PERIOD IS NONRESPONSIVE TO INVITATION FOR BIDS REQUIRING A MINIMUM ACCEPTANCE PERIOD OF 60 DAYS. THEREFORE IS NOT CORRECTABLE THROUGH MISTAKE-IN-BID PROCEDURES. SINCE IT IS CLEAR FROM THE MATERIAL FURNISHED ON BEHALF OF WILLIAMS THAT THE PROTEST IS WITHOUT LEGAL MERIT. 4 C.F.R. WILLIAMS CONTENDS THAT IT INADVERTENTLY ENTERED A 30-DAY ACCEPTANCE PERIOD ON ITS BID AND THAT CORRECTION OF ITS ERROR IS PROPER UNDER MISTAKE -IN-BID PROCEDURES. WE HAVE HELD THAT WHERE A SOLICITATION REQUIRES A MINIMUM ACCEPTANCE PERIOD. THE REQUIREMENT FOR ADHERENCE TO THE SPECIFIED PERIOD IS MATERIAL AND A BID OFFERING LESS THAN THE STATED ACCEPTANCE PERIOD IS NONRESPONSIVE.
B-225041, OCT 29, 1986
PROCUREMENT - SEALED BIDDING - BIDS - RESPONSIVENESS - ACCEPTANCE TIME PERIODS - DEVIATION DIGEST: BID CONTAINING 30-DAY ACCEPTANCE PERIOD IS NONRESPONSIVE TO INVITATION FOR BIDS REQUIRING A MINIMUM ACCEPTANCE PERIOD OF 60 DAYS, AND THEREFORE IS NOT CORRECTABLE THROUGH MISTAKE-IN-BID PROCEDURES.
WILLIAMS SERVICES, INC.:
WILLIAMS SERVICES, INC. (WILLIAMS), PROTESTS THE REJECTION OF ITS BID AS NONRESPONSIVE UNDER INVITATION FOR BIDS (IFB) NO. F38601-86-B-1021 ISSUED BY THE DEPARTMENT OF THE AIR FORCE, SHAW AIR FORCE BASE, FOR REFUSE COLLECTION.
WE DISMISS THE PROTEST WITHOUT OBTAINING A REPORT FROM THE AIR FORCE, SINCE IT IS CLEAR FROM THE MATERIAL FURNISHED ON BEHALF OF WILLIAMS THAT THE PROTEST IS WITHOUT LEGAL MERIT. 4 C.F.R. SEC. 21.3(F) (1986).
THE AIR FORCE REJECTED WILLIAMS' LOW BID BECAUSE IT OFFERED A 30-DAY ACCEPTANCE PERIOD INSTEAD OF THE REQUIRED MINIMUM ACCEPTANCE PERIOD OF 60 DAYS. WILLIAMS CONTENDS THAT IT INADVERTENTLY ENTERED A 30-DAY ACCEPTANCE PERIOD ON ITS BID AND THAT CORRECTION OF ITS ERROR IS PROPER UNDER MISTAKE -IN-BID PROCEDURES.
WE HAVE HELD THAT WHERE A SOLICITATION REQUIRES A MINIMUM ACCEPTANCE PERIOD, THE REQUIREMENT FOR ADHERENCE TO THE SPECIFIED PERIOD IS MATERIAL AND A BID OFFERING LESS THAN THE STATED ACCEPTANCE PERIOD IS NONRESPONSIVE. MILES METAL CORP., 54 COMP.GEN. 750 (1975), 75-1 CPD PARA. 145. MOREOVER, MISTAKE-IN-BID PROCEDURES ARE NOT AVAILABLE TO CURE A NONRESPONSIVE BID. EMPIRE GENERATOR CORP., B-205194, MAR. 1, 1982, 82-1 CPD PARA. 176. A NONRESPONSIVE BID IS NOT CORRECTABLE AFTER BID OPENING, BECAUSE SUCH A PRACTICE WOULD GIVE THE NONRESPONSIVE BIDDER THE COMPETITIVE ADVANTAGE OF ELECTING TO ACCEPT OR REJECT THE CONTRACT BY CHOOSING TO MAKE ITS BID RESPONSIVE OR NOT. VALLEY FORGE FLAG CO., INC., B-216108, SEPT. 4, 1984, 84-2 CPD PARA. 251. THE AIR FORCE THUS PROPERLY REJECTED WILLIAMS' BID.