B-207369, MAY 17, 1982
Highlights
DIGEST: REJECTION OF BID AS NONRESPONSIVE IS PROPER WHEN BID IS UNSIGNED AND NOT ACCOMPANIED BY OTHER MATERIAL INDICATING BIDDER'S INTENTION TO BE BOUND. MACHARIA'S BID BECAUSE IT WAS UNSIGNED. BECAUSE THERE WAS AN AMBIGUITY CONCERNING THE OFFERED PRICES. MACHARIA WAS A GOVERNMENT EMPLOYEE AT THE TIME HE SUBMITTED HIS BID. NORMALLY A BID WHICH IS NOT SIGNED MUST BE REJECTED BECAUSE WITHOUT AN APPROPRIATE SIGNATURE THE BIDDER WOULD NOT BE BOUND UPON ACCEPTANCE OF THE BID. THAT IS WHY FEDERAL PROCUREMENT REGULATIONS SEC. 1-2.405(C) (1964 ED.). THAT A FAILURE TO SIGN A BID MAY BE CORRECTED OR WAIVED AS A MINOR INFORMALITY ONLY IF: "*** THE UNSIGNED BID IS ACCOMPANIED BY OTHER MATERIAL INDICATING THE BIDDER'S INTENTION TO BE BOUND BY THE UNSIGNED BID DOCUMENT ***.".
B-207369, MAY 17, 1982
DIGEST: REJECTION OF BID AS NONRESPONSIVE IS PROPER WHEN BID IS UNSIGNED AND NOT ACCOMPANIED BY OTHER MATERIAL INDICATING BIDDER'S INTENTION TO BE BOUND.
NYAHUMA KAMAU MACHARIA:
MR. NYAHUMA KAMAU MACHARIA PROTESTS THE REJECTION OF HIS BID SUBMITTED IN RESPONSE TO THE DEPARTMENT OF THE INTERIOR'S (INTERIOR) SOLICITATION NO. 81-S-0264 FOR MAIL MESSENGER SERVICES.
INTERIOR REJECTED MR. MACHARIA'S BID BECAUSE IT WAS UNSIGNED, BECAUSE THERE WAS AN AMBIGUITY CONCERNING THE OFFERED PRICES, AND BECAUSE MR. MACHARIA WAS A GOVERNMENT EMPLOYEE AT THE TIME HE SUBMITTED HIS BID. SUMMARILY DENY THE PROTEST.
NORMALLY A BID WHICH IS NOT SIGNED MUST BE REJECTED BECAUSE WITHOUT AN APPROPRIATE SIGNATURE THE BIDDER WOULD NOT BE BOUND UPON ACCEPTANCE OF THE BID. ACE ART COMPANY, INC., B-202353, APRIL 1, 1981, 81-1 CPD 252. THAT IS WHY FEDERAL PROCUREMENT REGULATIONS SEC. 1-2.405(C) (1964 ED.) PROVIDES, IN PERTINENT PART, THAT A FAILURE TO SIGN A BID MAY BE CORRECTED OR WAIVED AS A MINOR INFORMALITY ONLY IF:
"*** THE UNSIGNED BID IS ACCOMPANIED BY OTHER MATERIAL INDICATING THE BIDDER'S INTENTION TO BE BOUND BY THE UNSIGNED BID DOCUMENT ***."
MR. MACHARIA DOES NOT ALLEGE THAT HIS BID WAS ACCOMPANIED BY ANY OTHER DOCUMENT REFLECTING HIS INTENTION TO BE BOUND; HE STATES ONLY THAT THE FAILURE TO SIGN WAS AN OVERSIGHT.
UNDER THE CIRCUMSTANCES, WE MUST AGREE THAT THE BID WAS PROPERLY REJECTED BECAUSE IT LACKED A SIGNATURE, AND WE THEREFORE NEED NOT CONSIDER THE OTHER ISSUES RAISED.
THE PROTEST IS SUMMARILY DENIED.