B-148701, JUN. 27, 1962

B-148701: Jun 27, 1962

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INC.: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF APRIL 18. PROVIDE AS FOLLOWS: "PRICING OF DATA: BIDDERS ARE REQUESTED TO INCLUDE A PRICE OR A NOTATION OF "NO CHARGE" FOR EACH LINE ITEM OF DATA OTHER THAN ITEMS 3 AND 6. THE BID WILL BE REJECTED AS NON-RESPONSIVE. "BASIS OF AWARD AWARD WILL BE MADE TO THE LOW OVERALL BIDDER FOR THE ENTIRE QUANTITIES CALLED FOR HEREIN.'. THIRTEEN BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION. AFTER THE OPENING OF THE BIDS YOU ADVISED THAT NO PRICE HAD BEEN ENTERED FOR ITEM 5 BECAUSE THE PRICE FOR THAT ITEM AND ITEM 2 WERE COMBINED AND ENTERED OPPOSITE ITEM 2. IT IS URGED THAT THE FORMAT OF THE INVITATION CONTRIBUTED TO THE METHOD OF YOUR QUOTATION BY NOT INCLUDING THE WORD "EACH" OR "LOT" AFTER ITEM 5.

B-148701, JUN. 27, 1962

TO WINSLOW ELECTRONICS, INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF APRIL 18, 1962, AND SUBSEQUENT CORRESPONDENCE, PROTESTING THE REJECTION OF YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. JD-IFB-383-468-62, ISSUED BY THE AVIATION SUPPLY OFFICE, PHILADELPHIA, PENNSYLVANIA.

THE INVITATION REQUESTED BIDS FOR FURNISHING THREE LOTS OF MATERIALS WHICH INCLUDED A TOTAL OF 231 SIGNAL GENERATORS, AN/URM-52A(ITEMS 1 AND 4); TWO ITEMS OF PROVISIONING DATA (ITEMS 2 AND 5); AND ITEM DATA AND HANDBOOK REVISION PAGES (ITEMS 3 AND 6). PARAGRAPHS 2 AND 3, PAGE 5 OF THE INVITATION, PROVIDE AS FOLLOWS:

"PRICING OF DATA:

BIDDERS ARE REQUESTED TO INCLUDE A PRICE OR A NOTATION OF "NO CHARGE" FOR EACH LINE ITEM OF DATA OTHER THAN ITEMS 3 AND 6. IN THE EVENT A BIDDER FAILS TO INCLUDE A PRICE, OR A NOTATION OF ,NO CHARGE" FOR ALL DATA ITEMS OTHER THAN ITEMS 3 AND 6, THE BID WILL BE REJECTED AS NON-RESPONSIVE.

"BASIS OF AWARD

AWARD WILL BE MADE TO THE LOW OVERALL BIDDER FOR THE ENTIRE QUANTITIES CALLED FOR HEREIN.'

THIRTEEN BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION. YOU AND ONE OTHER BIDDER FAILED TO ENTER A PRICE OR NOTATION OF "NO CHARGE" FOR ITEM 5. AFTER THE OPENING OF THE BIDS YOU ADVISED THAT NO PRICE HAD BEEN ENTERED FOR ITEM 5 BECAUSE THE PRICE FOR THAT ITEM AND ITEM 2 WERE COMBINED AND ENTERED OPPOSITE ITEM 2. IT IS URGED THAT THE FORMAT OF THE INVITATION CONTRIBUTED TO THE METHOD OF YOUR QUOTATION BY NOT INCLUDING THE WORD "EACH" OR "LOT" AFTER ITEM 5. WITH YOUR LETTER OF MARCH 2, 1962, THERE WAS SUBMITTED A COPY OF A LETTER DATED DECEMBER 18, 1961, FROM YOUR SUBCONTRACTOR, THEIL PUBLICATIONS, INC., OFFERING TO PREPARE THE PROVISIONING DATA REQUIRED BY ITEMS 2 AND 5 FOR A PRICE OF $200 EACH. NOTATION APPEARS ON THE BOTTOM OF SAID LETTER ADVISING ,JESSIE" TO ADD $100 FOR WINSLOW AND COMBINE TOTALS AND "BID UNDER ITEM 2 NO PLACE TO BID ITEM "

ALTHOUGH THE OMISSION OF THE WORD "LOT" IN THE UNIT COLUMN AFTER ITEM 5 OF THE INVITATION MAY HAVE CONTRIBUTED TO YOUR FAILURE TO SHOW A PRICE FOR THE ITEM, THE INVITATION DEFINITELY STATED THAT BIDDERS WERE REQUIRED TO SHOW A PRICE OR A NOTATION OF NO CHARGE FOR ITEM 5. THE FACT THAT 11 OF THE 13 BIDS RECEIVED CONTAINED A BID PRICE FOR ITEM 5 DEMONSTRATES THAT THE INVITATION WAS NOT TOO UNCLEAR. ITEM 2 COVERS PROVISIONING DATA TO DETERMINE SEPARATE PARTS FOR THE SIGNAL GENERATORS UNDER LOT I, WHILE ITEM 5 IS FOR SIMILAR DATA FOR SPARE PARTS FOR THE SIGNAL GENERATORS UNDER LOT II. ITEMS 1 THROUGH 6 OF THE INVITATION ARE CLEARLY DESIGNATED LINE ITEMS COVERING DEFINED REQUIREMENTS FOR MATERIAL, AND AS SUCH REQUIRE A BID PRICE SEPARATELY FOR EACH LINE ITEM, EXCEPT FOR ITEMS 3 AND 6, AS SPECIFICALLY PROVIDED IN THE ABOVE-QUOTED INSTRUCTIONS. AWARD IS TO BE MADE FOR ALL ITEMS AND ON THE BASIS OF YOUR BID, AS SUBMITTED, THERE IS NO OFFER TO FURNISH THE DATA REQUIRED BY ITEM 5.

WITH RESPECT TO YOUR REQUEST THAT THE BID BE CORRECTED TO CORRESPOND WITH YOUR ALLEGED INTENTION, THE FOLLOWING QUOTATION FROM OUR DECISION OF JUNE 5, 1959, 38 COMP. GEN. 819, WOULD APPEAR TO BE DISPOSITIVE OF THE QUESTION:

"THE QUESTION THEN ARISES AS TO WHETHER A BID WHICH IS NOT RESPONSIVE TO THE INVITATION MAY BE CORRECTED ON THE BASIS OF AN ALLEGATION THAT THE REASON FOR THE BID BEING NONRESPONSIVE WAS AN OVERSIGHT OR A MISTAKE. OUR DECISION OF JANUARY 30, 1958, B 134931, WHICH INVOLVED A SITUATION WHERE A BIDDER HAD INADVERTENTLY SUBMITTED THE WRONG SAMPLE WITH ITS BID AND ATTEMPTED TO SUBMIT A NEW SAMPLE AFTER THE BID OPENING, IT WAS STATED:

"THE QUESTION AS TO WHETHER A BID IS RESPONSIVE TO THE INVITATION IS FOR DETERMINATION UPON THE BASIS OF THE BID AS SUBMITTED AND IT IS NOT BELIEVED THAT IT WOULD BE PROPER TO CONSIDER THE REASON FOR THE UNRESPONSIVENESS, WHETHER DUE TO MISTAKE OR OTHERWISE.'

"IT IS PROBABLE THAT THE MAJORITY OF UNRESPONSIVE BIDS ARE DUE TO OVERSIGHT OR ERROR, SUCH AS THE FAILURE TO QUOTE A PRICE, TO SIGN THE BID, TO FURNISH A BID BOND, TO SUBMIT REQUIRED SAMPLES OR DATA, OR THE SUBMISSION OF THE WRONG SAMPLE, INCOMPLETE DATA, OR STATEMENTS THE ACTUAL MEANING OF WHICH WAS NOT INTENDED, ETC. AN UNRESPONSIVE BID DOES NOT CONSTITUTE AN OFFER WHICH MAY PROPERLY BE ACCEPTED, AND TO PERMIT A BIDDER TO MAKE HIS BID RESPONSIVE BY CHANGING, ADDING TO, OR DELETING A MATERIAL PART OF THE BID ON THE BASIS OF AN ERROR ALLEGED AFTER THE OPENING WOULD BE TANTAMOUNT TO PERMITTING A BIDDER TO SUBMIT A NEW BID. IT IS OUR OPINION THAT AN ALLEGATION OF ERROR IS PROPER FOR CONSIDERATION ONLY IN CASES WHERE THE BID IS RESPONSIVE TO THE INVITATION AND IS OTHERWISE PROPER FOR ACCEPTANCE.'

FOR THE FOREGOING REASONS YOU ARE ADVISED THAT WE MUST CONCUR WITH THE ADMINISTRATIVE DECISION THAT YOUR BID IS NOT A RESPONSIVE BID AND THAT IT MAY NOT BE CORRECTED TO MAKE IT A RESPONSIVE BID ..END :