B-152253, B-152254, OCT. 17, 1963
Highlights
IN YOUR LETTERS YOU STATE THAT THE LANGUAGE IN THE CLAUSES WHICH FORMED THE BASIS FOR THESE PROTESTS IS BEING CHANGED TO READ IN PERTINENT PART AS FOLLOWS: "EACH BIDDER MUST. TO AVOID CONFUSION IN THIS REGARD IN FUTURE PROCUREMENTS WE SUGGEST THAT LANGUAGE ALONG THE FOLLOWING LINES BE USED IN THIS TYPE OF CLAUSE: "A BID FOR A QUANTITY OF LESS THAN * * * WILL NOT BE CONSIDERED FOR AWARD. BIDS FOR A QUANTITY ABOVE THIS STATED MINIMUM ARE ACCEPTABLE. IF A BID IS MADE ON MORE THAN THE MINIMUM QUANTITY. WE ARE ENCLOSING A COPY OF OUR DECISION IN REGARD TO THIS MATTER. WE ARE RETURNING THE ENCLOSURES TRANSMITTED WITH YOUR LETTER IN REGARD TO EACH PROTEST AS YOU REQUESTED.
B-152253, B-152254, OCT. 17, 1963
TO PUBLIC PRINTER:
WE REFER TO YOUR LETTERS OF SEPTEMBER 11, 1963, AND SEPTEMBER 12, 1963 WITH ENCLOSURES CONCERNING THE PROTESTS BY GOODWIN, PROCTER AND HOAR ON BEHALF OF BONNAR-VAWTER, INCORPORATED IN REGARD TO AWARD OF CONTRACT TO UARCO, INCORPORATED UNDER INVITATION FOR BIDS GP 37046A ACCOMPANIED BY JACKET NUMBER 694-109, AND TO MOORE BUSINESS FORMS, INCORPORATED UNDER INVITATION FOR BIDS NO. 37045A ACCOMPANIED BY JACKET NUMBER 691-894.
IN YOUR LETTERS YOU STATE THAT THE LANGUAGE IN THE CLAUSES WHICH FORMED THE BASIS FOR THESE PROTESTS IS BEING CHANGED TO READ IN PERTINENT PART AS FOLLOWS:
"EACH BIDDER MUST, THEREFORE, QUOTE A PRICE FOR A MINIMUM OF * * *, OR MAY BID ON A GREATER QUANTITY.
A PRICE MUST BE QUOTED IN EITHER CASE FOR ADDITIONAL 1000'S * * *.'
THIS LANGUAGE, PARTICULARLY THE STATEMENT THAT A PRICE MUST BE QUOTED FOR A MINIMUM QUANTITY, DOES NOT ELIMINATE ENTIRELY POSSIBLE CONFUSION REGARDING THE RESPONSIVENESS OF AN "ALL OR NONE" BID. ALSO, THE LANGUAGE APPEARS TO REQUIRE BIDS ON MORE THAN THE MINIMUM. TO AVOID CONFUSION IN THIS REGARD IN FUTURE PROCUREMENTS WE SUGGEST THAT LANGUAGE ALONG THE FOLLOWING LINES BE USED IN THIS TYPE OF CLAUSE:
"A BID FOR A QUANTITY OF LESS THAN * * * WILL NOT BE CONSIDERED FOR AWARD; HOWEVER, BIDS FOR A QUANTITY ABOVE THIS STATED MINIMUM ARE ACCEPTABLE. IF A BID IS MADE ON MORE THAN THE MINIMUM QUANTITY, A PRICE MUST BE QUOTED FOR THE ADDITIONAL 1000-S, ETC.'
WE ARE ENCLOSING A COPY OF OUR DECISION IN REGARD TO THIS MATTER, AND WE ARE RETURNING THE ENCLOSURES TRANSMITTED WITH YOUR LETTER IN REGARD TO EACH PROTEST AS YOU REQUESTED.