B-146475, AUGUST 14, 1961, 41 COMP. GEN. 113

B-146475: Aug 14, 1961

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BIDS - EVALUATION - DELIVERY PROVISIONS - ALTERNATE SCHEDULES UNDER AN INVITATION WHICH REQUESTS BIDDERS TO SUBMIT AN ALTERNATE DELIVERY SCHEDULE ONLY TO THE EXTENT THAT THEY ARE "UNABLE TO MAKE DELIVERY AS SPECIFIED. PROVIDED: THE ARTICLES TO BE FURNISHED SHALL BE DELIVERED IN THE QUANTITIES AND WITHIN THE MONTHS STATED BELOW: CHART 1962 ITEMS 1-10 11 AND 12 17 MAY 3 PERCENT 15 PERCENT 33 PERCENT JUNE 8 PERCENT 25 PERCENT 33 PERCENT JULY 17 PERCENT 25 PERCENT 34 PERCENT AUG 17 PERCENT 25 PERCENT SEPT 17 PERCENT 10 PERCENT OCT 17 PERCENT NOV 13 PERCENT DEC 8 PERCENT IF THE BIDDER IS UNABLE TO MAKE DELIVERY AS SPECIFIED ABOVE. THIS THEREFORE CREATES A QUESTION WHETHER THE BID IS RESPONSIVE TO THE INVITATION INASMUCH AS THE BIDDER'S SCHEDULE DOES NOT SHOW THE DISPOSITION OF 25 PERCENT OF ITEMS 11 AND 12.

B-146475, AUGUST 14, 1961, 41 COMP. GEN. 113

BIDS - EVALUATION - DELIVERY PROVISIONS - ALTERNATE SCHEDULES UNDER AN INVITATION WHICH REQUESTS BIDDERS TO SUBMIT AN ALTERNATE DELIVERY SCHEDULE ONLY TO THE EXTENT THAT THEY ARE "UNABLE TO MAKE DELIVERY AS SPECIFIED," A LOW BIDDER WHO SUBMITS A BID WITH AN ALTERNATE ACCELERATED DELIVERY SCHEDULE ON 75 PERCENT OF THE ITEMS BUT DOES NOT INDICATE ANY DELIVERY SCHEDULE FOR THE BALANCE OF THE ITEMS HAS SUBMITTED A BID WHICH MAY BE CONSIDERED AS A PROPOSAL TO DELIVER THE 75 PERCENT QUANTITY AS INDICATED AND THE BALANCE NO LATER THAN THE TIME SPECIFIED FOR DELIVERY IN THE INVITATION; THEREFORE, THE DELIVERY SCHEDULE BEING RESPONSIVE TO THE TERMS OF THE INVITATION, THE BID SHOULD BE CONSIDERED FOR AWARD.

TO CAPTAIN THOMAS H. BELL, DEPARTMENT OF THE NAVY, AUGUST 14, 1961:

BY LETTER R1.1 OF JULY 20, 1961, YOU FORWARDED THE CONTRACTING OFFICER'S REQUEST FOR AN ADVANCE DECISION AS TO THE ACTION THAT SHOULD BE TAKEN ON THE LOW BID SUBMITTED BY FEDERAL TELEVISION CORPORATION UNDER IFB600-848- 61.

AS TO TIME OF DELIVERY, THE INVITATION, INSOFAR AS PERTINENT, PROVIDED:

THE ARTICLES TO BE FURNISHED SHALL BE DELIVERED IN THE QUANTITIES AND WITHIN THE MONTHS STATED BELOW:

CHART

1962 ITEMS 1-10 11 AND 12 17

MAY 3 PERCENT 15 PERCENT 33 PERCENT

JUNE 8 PERCENT 25 PERCENT 33 PERCENT

JULY 17 PERCENT 25 PERCENT 34 PERCENT

AUG 17 PERCENT 25 PERCENT

SEPT 17 PERCENT 10 PERCENT

OCT 17 PERCENT

NOV 13 PERCENT

DEC 8 PERCENT

IF THE BIDDER IS UNABLE TO MAKE DELIVERY AS SPECIFIED ABOVE, THE BIDDER SHALL STATE AN ALTERNATE TIME FOR DELIVERY IN THE SPACE PROVIDED BELOW.

FEDERAL TELEVISION CORPORATION SPECIFIED IN ITS BID AN ALTERNATE ACCELERATED DELIVERY TIME AS FOLLOWS:

CHART

1962 ITEMS 1-10 11 AND 12 17

MARCH 10 PERCENT 15 PERCENT 33 PERCENT

APRIL 10 PERCENT 25 PERCENT 33 PERCENT

MAY 20 PERCENT 25 PERCENT 34 PERCENT

JUNE 20 PERCENT 10 PERCENT

JULY 20 PERCENT

AUGUST 20 PERCENT

ON ITEMS 1 THROUGH 10 AND 17, THE BIDDER'S ALTERNATE SCHEDULE TAKES INTO ACCOUNT 100 PERCENT OF ALL THE ITEMS TO BE DELIVERED, BUT ON ITEMS 11 AND 12, THE ALTERNATE DELIVERY TIME COVERS ONLY 75 PERCENT OF THE ITEMS. THIS THEREFORE CREATES A QUESTION WHETHER THE BID IS RESPONSIVE TO THE INVITATION INASMUCH AS THE BIDDER'S SCHEDULE DOES NOT SHOW THE DISPOSITION OF 25 PERCENT OF ITEMS 11 AND 12.

HOWEVER, THE INVITATION DID NOT REQUIRE BIDDERS TO STATE A COMPLETE ALTERNATE SCHEDULE. THE BIDDERS WERE REQUESTED TO STATE AN ALTERNATE TIME FOR DELIVERY ONLY TO THE EXTENT THAT THEY WERE ,UNABLE TO MAKE DELIVERY AS SPECIFIED" IN THE INVITATION.

THE BIDDER IN ITS SCHEDULE HAS SHOWN THE EXTENT TO WHICH ITS DELIVERY DIFFERS WITH THE INVITATION SCHEDULE. ON ITEMS 11 AND 12, WHICH ARE THE MATTERS OF CONCERN, IT HAS INDICATED THAT IT WILL ACCOMPLISH 75 PERCENT OF THE DELIVERY THROUGH JUNE 1962. TO THE EXTENT THAT THE BIDDER HAS NOT SHOWN ANY INCONSISTENCY WITH THE INVITATION SCHEDULE, THE TERMS OF THE INVITATION MAKE MANDATORY DELIVERY AS SPECIFIED BY THE GOVERNMENT. FOLLOWS THEN THAT SINCE THE BIDDER SHOWS ONLY 75 PERCENT DELIVERY THROUGH JUNE 1962 IN ITS PROPOSED DELIVERY SCHEDULE, THE BALANCE OF 25 PERCENT IS TO BE DELIVERED NO LATER THAN THE TIME SPECIFIED FOR DELIVERY IN THE INVITATION SCHEDULE.

THEREFORE, CONSIDERING THE BIDDER'S PROPOSED DELIVERY SCHEDULE IN LINE WITH THE QUOTED TERMINOLOGY OF THE INVITATION, THE BID APPEARS TO BE RESPONSIVE AND SHOULD BE CONSIDERED FOR AWARD IN LINE WITH THE ABOVE CONSTRUCTION.

THE BID THAT ACCOMPANIED YOUR LETTER OF JULY 20, 1961, IS RETURNED AS REQUESTED.