B-130908, APR. 11, 1957

B-130908: Apr 11, 1957

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TO TROUT VENTILATION SERVICE CO.: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE ACTION OF THE NAVAL SUPPLY DEPOT. THE BID SCHEDULES CONTAINED SPACES IN WHICH PRICES WERE TO BE ENTERED FOR THE VARIOUS ITEMS OF THE WORK. ALTHOUGH BIDDERS WERE ADVISED THAT A UNIT PRICE FOR EACH ITEM BID ON SHOULD BE SHOWN. THERE IS NOTHING IN THE ABOVE-QUOTED PARAGRAPHS FROM WHICH IT MAY BE INFERRED THAT THE GOVERNMENT WAS REQUIRED TO AWARD A CONTRACT FOR BOTH ITEMS 1 AND 2 OR THAT A BID WOULD NOT BE FOR CONSIDERATION SOLELY BECAUSE OF THE FAILURE OF A BIDDER TO QUOTE A PRICE ON ONE ITEM. THE QUOTED PROVISIONS ARE CLEAR NOTICE OF THE GOVERNMENT'S RIGHT TO ACCEPT ANY ITEM OR GROUP OF ITEMS OF ANY BID UNLESS THE BIDDER QUALIFIED HIS BID BY SPECIFIC LIMITATION.

B-130908, APR. 11, 1957

TO TROUT VENTILATION SERVICE CO.:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE ACTION OF THE NAVAL SUPPLY DEPOT, SEATTLE, WASHINGTON, IN AWARDING A CONTRACT TO DEXTER HEATING SERVICE PURSUANT TO INVITATION FOR BIDS NO. 406-110-57, INVITING BIDS FOR CLEANING OF VENTILATING SYSTEMS, ETC.

THE INVITATION REQUESTED BIDS FOR CLEANING OF VENTILATING SYSTEMS UNDER THE ITEMS LISTED IN THE SCHEDULES MADE A PART OF ITEM NO. 1, AND FOR CUTTING OF ACCESS OPENINGS IN SUCH SYSTEMS DUCTWORK TO PERMIT CLEANING UNDER ITEM NO. 2. THE BID SCHEDULES CONTAINED SPACES IN WHICH PRICES WERE TO BE ENTERED FOR THE VARIOUS ITEMS OF THE WORK. PARAGRAPH 1 (C) OF THE TERMS AND CONDITIONS OF THE INVITATION FOR BIDS PROVIDED THAT THE "UNIT PRICE FOR EACH UNIT BID ON SHALL BE SHOWN AND SUCH PRICE SHALL INCLUDE PACKING UNLESS OTHERWISE SPECIFIED" AND THAT "A TOTAL MUST BE ENTERED IN THE AMOUNT COLUMN OF THE SCHEDULE FOR EACH ITEM BID ON.' PARAGRAPH 8 (B) PROVIDED THAT "THE GOVERNMENT RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE INFORMALITIES AND MINOR IRREGULARITIES IN BIDS RECEIVED.' PARAGRAPH 8 (C) PROVIDED AS FOLLOWS:

"/C) THE GOVERNMENT MAY ACCEPT ANY ITEM OR GROUP OF ITEMS OF ANY BID, UNLESS THE BIDDER QUALIFIES HIS BID BY SPECIFIC LIMITATIONS. UNLESS OTHERWISE PROVIDED IN THE SCHEDULE, BIDS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN THOSE SPECIFIED; AND THE GOVERNMENT RESERVES THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A QUANTITY LESS THAN THE QUANTITY BID UPON AT THE UNIT PRICES OFFERED UNLESS THE BIDDER SPECIFIES OTHERWISE IN HIS BID.'

YOU QUESTION THE AWARD OF A CONTRACT TO THE DEXTER HEATING SERVICE ON THE GROUND THAT THE SAID COMPANY DID NOT QUOTE A PRICE ON ITEM NO. 2 FOR CUTTING OF ACCESS OPENINGS.

ALTHOUGH BIDDERS WERE ADVISED THAT A UNIT PRICE FOR EACH ITEM BID ON SHOULD BE SHOWN, THERE IS NOTHING IN THE ABOVE-QUOTED PARAGRAPHS FROM WHICH IT MAY BE INFERRED THAT THE GOVERNMENT WAS REQUIRED TO AWARD A CONTRACT FOR BOTH ITEMS 1 AND 2 OR THAT A BID WOULD NOT BE FOR CONSIDERATION SOLELY BECAUSE OF THE FAILURE OF A BIDDER TO QUOTE A PRICE ON ONE ITEM. ON THE CONTRARY, THE QUOTED PROVISIONS ARE CLEAR NOTICE OF THE GOVERNMENT'S RIGHT TO ACCEPT ANY ITEM OR GROUP OF ITEMS OF ANY BID UNLESS THE BIDDER QUALIFIED HIS BID BY SPECIFIC LIMITATION. NO CLAIM IS MADE THAT THE BID OF THE DEXTER HEATING SERVICE WAS QUALIFIED IN ANY WAY. THEREFORE, THE GOVERNMENT WOULD NOT HAVE BEEN OBLIGATED TO ACCEPT ITEM NO. 2 OF THE BID EVEN IF A PRICE HAD BEEN QUOTED ON THAT ITEM. IT FOLLOWS THAT THE AWARD OF A CONTRACT FOR ITEM NO. 1 WOULD NOT BE CONTRARY TO THE INVITATION FOR BIDS NOR PREJUDICIAL TO THE RIGHTS OF OTHER BIDDERS.

ACCORDINGLY, WE FIND NO LEGAL BASIS FOR OBJECTING TO THE ADMINISTRATIVE ACTION TAKEN IN AWARDING THE CONTRACT TO THE DEXTER HEATING SERVICE.