B-139802, AUG. 27, 1959
Highlights
HAYWARD: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JUNE 22. THE INVITATION PROVIDED SPACES FOR SHOWING THE SHIPPING WEIGHT AND CUBIC DISPLACEMENT OF EACH OF THE ITEMS COVERED BY THE INVITATION WHICH WERE NECESSARY IN ORDER TO EVALUATE THE BIDS AS ACCEPTANCE WAS AT ORIGIN AND THE SUPPLIES WERE TO BE SHIPPED OVERSEAS. THE INVITATION SPECIFICALLY PROVIDED THAT: "ANY BID FAILING TO SHOW THE GROSS WEIGHT AND CUBIC DISPLACEMENT OF THE INDIVIDUAL PACKED EXTERIOR CONTAINER WILL BE CONSIDERED NON RESPONSIVE.'. WHICH IS A BASIC AUTHORITY FOR AGENTS OF THE GOVERNMENT TO ENTER INTO CONTRACTS PROVIDES "AWARDS SHALL BE MADE * * * TO THE RESPONSIBLE BIDDER WHOSE BID CONFORMS TO THE INVITATION AND WILL BE MOST ADVANTAGEOUS TO THE UNITED STATES.
B-139802, AUG. 27, 1959
TO MR. GEORGE M. HAYWARD:
RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JUNE 22, 1959, WITH FURTHER REFERENCE TO THE REJECTION OF YOUR BID ON ITEM 5 OF INVITATION FOR BIDS NO. CML-04-205-59-11, ISSUED BY THE U.S. ARMY CHEMICAL CORPS DISTRICT, SAN FRANCISCO, CALIFORNIA, FOR YOUR FAILURE TO SHOW THE GUARANTEED SHIPPING WEIGHT AND CUBIC DISPLACEMENT.
THE INVITATION PROVIDED SPACES FOR SHOWING THE SHIPPING WEIGHT AND CUBIC DISPLACEMENT OF EACH OF THE ITEMS COVERED BY THE INVITATION WHICH WERE NECESSARY IN ORDER TO EVALUATE THE BIDS AS ACCEPTANCE WAS AT ORIGIN AND THE SUPPLIES WERE TO BE SHIPPED OVERSEAS. THE INVITATION SPECIFICALLY PROVIDED THAT:
"ANY BID FAILING TO SHOW THE GROSS WEIGHT AND CUBIC DISPLACEMENT OF THE INDIVIDUAL PACKED EXTERIOR CONTAINER WILL BE CONSIDERED NON RESPONSIVE.'
SECTION 2305, TITLE 10, U.S. CODE, WHICH IS A BASIC AUTHORITY FOR AGENTS OF THE GOVERNMENT TO ENTER INTO CONTRACTS PROVIDES "AWARDS SHALL BE MADE * * * TO THE RESPONSIBLE BIDDER WHOSE BID CONFORMS TO THE INVITATION AND WILL BE MOST ADVANTAGEOUS TO THE UNITED STATES, PRICE AND OTHER FACTORS CONSIDERED.'
WHILE IT MAY BE THAT THE WEIGHT AND THE CUBIC DISPLACEMENT OF THE PARTICULAR ITEM ON WHICH YOU WERE THE LOW BIDDER, ITEM 5, WERE NOT SO IMPORTANT UNDER THE CIRCUMSTANCES, THE INVITATION SPECIFICALLY PROVIDED THAT BIDDERS WERE TO GUARANTEE THE WEIGHT AND THE SIZE OF THE ITEMS BID UPON. A SCHEDULE WITH APPROPRIATE HEADINGS AND SPACES WAS PROVIDED IN THE INVITATION FOR BIDDERS TO SHOW THE INFORMATION AND PROVIDED THAT THE FAILURE TO SHOW THE INFORMATION WOULD RENDER THE BID NON-RESPONSIVE.
UNDER A LAW A BID IS REQUIRED TO BE COMPLETED AND RESPONSIVE TO THE INVITATION IN ALL MATERIAL RESPECTS AT THE TIME FIXED IN THE INVITATION FOR THE OPENING OF THE BIDS. AFTER THE OPENING BIDS MAY NOT BE CHANGED OR MODIFIED. THE GOVERNMENT PURCHASING OFFICERS ARE REQUIRED TO GIVE ALL INTERESTED BIDDERS AN EQUAL OPPORTUNITY TO BID AND THE GOVERNMENT IS DESIROUS OF OBTAINING THE BEST PRICE POSSIBLE. IT IS FOR THESE REASONS THAT THE INVITATION FOR BIDS SHOULD BE DRAWN IN SUCH A MANNER TO FACILITATE BIDDERS IN GIVING THE REQUIRED INFORMATION SO THAT THERE MAY BE NO QUESTION OF FAVORITISM OR FRAUD AND THAT ALL BIDS MAY BE CONSIDERED FOR AWARD. THE REASON WHY THE CONTRACTING OFFICER DID NOT TAKE ADVANTAGE OF YOUR LOWER PRICE WAS DUE ENTIRELY TO YOUR OWN ACTIONS IN FAILING TO GIVE THE REQUIRED INFORMATION AS SPECIFICALLY REQUIRED BY THE INVITATION.