B-147653, JAN. 23, 1962
Highlights
TO STANFORD PAPER SALES CORPORATION: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 24. UPON THE GROUND THAT ITS BID WAS NOT RESPONSIVE. THE DESIRED DELIVERY TIME STIPULATED THEREIN WAS DECEMBER 1. WHILE A DESIRED DELIVERY DATE WAS DESIGNATED IN THE INVITATION FOR EACH ITEM. THE TERMS THEREOF FURTHER PROVIDED THAT IF THE BIDDER WAS UNABLE TO COMPLY HE "SHALL INSERT IN THE APPROPRIATE BLANK BELOW A DEFINITE NUMBER OF CALENDAR DAYS WITHIN WHICH DELIVERY WILL BE MADE.'. THE SOLICITATION FURTHER PROVIDED THAT "TIME OF DELIVERY WILL NOT BE A FACTOR IN DETERMINING AWARDS.'. AWARD WAS MADE TO THE LOWEST BIDDER WHOSE INDICATED PERFORMANCE PERIOD WAS SATISFACTORY TO THE PURCHASING AGENCY.
B-147653, JAN. 23, 1962
TO STANFORD PAPER SALES CORPORATION:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 24, 1961, AND TO PRIOR CORRESPONDENCE, PROTESTING AGAINST THE AWARD BY UNITED STATES INFORMATION AGENCY OF A CONTRACT FOR ITEM NO. 6 OF INVITATION FOR BIDS NO. 62-67-15-P, TO WALKER GOULARD PLEHN COMPANY, INCORPORATED, UPON THE GROUND THAT ITS BID WAS NOT RESPONSIVE.
THE INVITATION SOUGHT PROPOSALS ON 10 ITEMS OF PRINTING PAPER FOR EXPORT, TO BE FURNISHED FAS VESSEL AT THE PORT DESIGNATED BY THE BIDDER. AS TO ITEM NO. 6, COVERING A QUANTITY OF COATED BOOK PAPER, THE DESIRED DELIVERY TIME STIPULATED THEREIN WAS DECEMBER 1, 1961. THE LOW BIDDER, WALKER GOULARD PLEHN COMPANY, AGREED THAT IF ITS OFFER BE ACCEPTED BY NOVEMBER 22, 1961, SHIPMENT TO THE PORT OF EXPORT WOULD BE MADE DURING THE WEEK OF DECEMBER 3, 1961. WHILE A DESIRED DELIVERY DATE WAS DESIGNATED IN THE INVITATION FOR EACH ITEM, THE TERMS THEREOF FURTHER PROVIDED THAT IF THE BIDDER WAS UNABLE TO COMPLY HE "SHALL INSERT IN THE APPROPRIATE BLANK BELOW A DEFINITE NUMBER OF CALENDAR DAYS WITHIN WHICH DELIVERY WILL BE MADE.' THE SOLICITATION FURTHER PROVIDED THAT "TIME OF DELIVERY WILL NOT BE A FACTOR IN DETERMINING AWARDS.'
IN VIEW OF THE SPECIFIC TERMS OF THE INVITATION QUOTED ABOVE, AWARD WAS MADE TO THE LOWEST BIDDER WHOSE INDICATED PERFORMANCE PERIOD WAS SATISFACTORY TO THE PURCHASING AGENCY, BEING THE WEEK FOLLOWING THE DESIRED DATE, AND NOT UNREASONABLE SO AS TO WARRANT REJECTION OF ALL BIDS, AS FURTHER PROVIDED IN THE INVITATION. IT IS CLEAR THAT SINCE THE DATES SPECIFIED WERE NOT MANDATORY BUT ONLY "DESIRED," ANY BID STIPULATING A REASONABLE DELIVERY DATE MUST BE DEEMED TO BE RESPONSIVE. THE SUCCESSFUL BID WAS SUBJECT TO AN EXACT CALCULATION AS TO THE NUMBER OF "CALENDAR DAYS WITHIN WHICH DELIVERY WILL BE MADE.' SINCE ALL BIDDERS WERE ON NOTICE THAT DELIVERY TIME WOULD NOT BE A FACTOR IN EVALUATING THE OFFERS RECEIVED, IT IS APPARENT THAT ACCEPTANCE OF THE LOW BID WAS NOT PREJUDICIAL TO THE RIGHTS OF THE OTHER BIDDERS.
IN VIEW THEREOF, AND SINCE THE BID OF WALKER GOULARD PLEHN COMPANY WAS UNQUESTIONABLY RESPONSIVE, THE ADMINISTRATIVE ACTION WILL NOT BE DISTURBED. ACCORDINGLY, YOUR PROTEST MUST BE AND IS REJECTED.