B-144946, MAY 17, 1961

B-144946: May 17, 1961

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WE HAVE RECEIVED A REPORT DATED APRIL 21. YOUR COMPANY SUBMITTED THREE HANDWRITTEN COPIES OF YOUR BID WHICH WERE NOT IDENTICAL BUT SET FORTH DIFFERENT PRICES AS FOLLOWS: TABLE ITEM BID COPY NO. 1 BID COPY NO. 2 BID COPY NO. 3 7 $ .43 $ .86 $ .43 8$1.00 $2.00 $2.00 10 $ .43 $ .86 $ .86 14 $ .90 $1.80 $1.80 THE CONTRACTING OFFICER ADVISED YOU BY LETTER DATED FEBRUARY 6. THAT IT WAS NOT POSSIBLE TO DETERMINE THE PRICES YOU INTENDED TO SUBMIT AND THEREFORE YOUR BID WAS REJECTED AS NONRESPONSIVE. THE QUESTION OF RESPONSIVENESS IS ONE THAT IS PRIMARILY WITHIN THE AREA OF ADMINISTRATIVE DETERMINATION AND WE WOULD NOT BE WARRANTED IN HOLDING SUCH DETERMINATION IMPROPER IN THE ABSENCE OF A CLEAR SHOWING OF BAD FAITH OR A COMPLETE DISREGARD FOR THE FACTS.

B-144946, MAY 17, 1961

TO ASSOCIATED WIRE INDUSTRIES:

WE REFER AGAIN TO YOUR LETTERS OF JANUARY 24 AND 27, 1961, PROTESTING AWARD TO OTHER BIDDERS OF ITEMS 7, 8, 10 AND 14 UNDER INVITATION FOR BIDS 30-635-61-211, ISSUED BY THE ROME AIR MATERIAL AREA, GRIFFISS AIR FORCE BASE, NEW YORK.

WE HAVE RECEIVED A REPORT DATED APRIL 21, 1961, FROM THE DEPARTMENT OF THE AIR FORCE IN THIS MATTER, TOGETHER WITH THREE COPIES OF THE BID WHICH YOU SUBMITTED.

THE INVITATION REQUIRED THAT BIDS BE SUBMITTED IN TRIPLICATE. YOUR COMPANY SUBMITTED THREE HANDWRITTEN COPIES OF YOUR BID WHICH WERE NOT IDENTICAL BUT SET FORTH DIFFERENT PRICES AS FOLLOWS:

TABLE

ITEM BID COPY NO. 1 BID COPY NO. 2 BID COPY NO. 3

7 $ .43 $ .86 $ .43

8$1.00 $2.00 $2.00

10 $ .43 $ .86 $ .86

14 $ .90 $1.80 $1.80

THE CONTRACTING OFFICER ADVISED YOU BY LETTER DATED FEBRUARY 6, 1961, THAT IT WAS NOT POSSIBLE TO DETERMINE THE PRICES YOU INTENDED TO SUBMIT AND THEREFORE YOUR BID WAS REJECTED AS NONRESPONSIVE.

THE QUESTION OF RESPONSIVENESS IS ONE THAT IS PRIMARILY WITHIN THE AREA OF ADMINISTRATIVE DETERMINATION AND WE WOULD NOT BE WARRANTED IN HOLDING SUCH DETERMINATION IMPROPER IN THE ABSENCE OF A CLEAR SHOWING OF BAD FAITH OR A COMPLETE DISREGARD FOR THE FACTS. IN THE INSTANT CASE, THE RECORD SUPPORTS THE CONTRACTING OFFICER'S DETERMINATION THAT YOUR BID WAS NONRESPONSIVE.

YOUR PROTEST FURNISHES NO BASIS ON WHICH WE WOULD BE JUSTIFIED IN HOLDING THAT THE ADMINISTRATIVE ACTION WAS IMPROPER AND THEREFORE YOUR PROTEST MUST BE DENIED.