B-150805, MAY 10, 1963
Highlights
GENERAL SERVICES ADMINISTRATION: REFERENCE IS MADE TO A LETTER DATED MARCH 25. WE BELIEVE THAT THE DELIVERY CLAUSE IN THIS INVITATION PERMITTING REJECTION OF ALL BIDS WHEN THE LOW RESPONSIVE BID OFFERS A DELIVERY TIME WHICH THE GOVERNMENT CONSIDERS UNREASONABLE IS IMPROPER SINCE NO BIDDER IS ON NOTICE AS TO WHAT MAY BE CONSIDERED UNREASONABLE.
B-150805, MAY 10, 1963
TO ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:
REFERENCE IS MADE TO A LETTER DATED MARCH 25, 1963, FROM THE COMMISSIONER, FEDERAL SUPPLY SERVICE, FURNISHING A REPORT ON THE PROTEST OF THE EIMCO CORPORATION AGAINST THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. FNVM-H-29076-A-11-14-62.
WE BELIEVE THAT THE DELIVERY CLAUSE IN THIS INVITATION PERMITTING REJECTION OF ALL BIDS WHEN THE LOW RESPONSIVE BID OFFERS A DELIVERY TIME WHICH THE GOVERNMENT CONSIDERS UNREASONABLE IS IMPROPER SINCE NO BIDDER IS ON NOTICE AS TO WHAT MAY BE CONSIDERED UNREASONABLE.