B-149263, AUG. 27, 1962

B-149263: Aug 27, 1962

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IT WAS ISSUED ON JUNE 8. THE PROCUREMENT WAS PUBLICIZED BY SYNOPSIS IN THE DEPARTMENT OF COMMERCE BULLETIN AND BY POSTING NOTICES IN PUBLIC PLACES. YOUR INVITATION REQUEST WAS RECEIVED BY THE PROCURING ACTIVITY ON JUNE 14. BIDS WERE SCHEDULED TO BE OPENED ON JUNE 22. THAT THE BID OPENING DATE WAS NOT EXTENDED AND. YOU WERE NOT PERMITTED ENOUGH TIME TO SUBMIT YOUR BID. THE ADMINISTRATIVE REPORT ESTABLISHES THAT YOUR WIRE REQUESTING THE REMAINING PAGES OF THE INVITATION WAS RECEIVED IN THE ADJUTANT'S OFFICE OF THE PROCURING ACTIVITY. UNTIL AN INVESTIGATION WAS MADE PURSUANT TO YOUR PROTEST. AS IT SHOULD HAVE BEEN. IT WOULD HAVE BEEN HONORED. THE DEPARTMENT OF THE AIR FORCE ACKNOWLEDGES AND REGRETS THE ERRORS MADE BY THE PROCURING ACTIVITY AND ADVISES US THAT THE ACTIVITY WILL BE REQUESTED TO TAKE APPROPRIATE ACTIONS TO PREVENT THE RECURRENCE OF THESE ERRORS.

B-149263, AUG. 27, 1962

TO MR. HENRY HORWITZ:

IN YOUR TELEGRAM OF JUNE 24, 1962, YOU PROTESTED THE AWARD OF A CONTRACT BY THE ROME AIR MATERIEL AREA UNDER INVITATION FOR BIDS NO. 30 635-62- 625. THE SUBJECT INVITATION REQUESTED BIDS FOR FURNISHING CERTAIN ESTIMATED QUANTITIES OF TECHNICAL AND CLERICAL SERVICES NECESSARY TO PREPARE MATERIALS FOR A PARTICULAR UNITED STATES AIR FORCE PUBLICATION. IT WAS ISSUED ON JUNE 8, 1962, TO 15 KNOWN SOURCES. ALSO, THE PROCUREMENT WAS PUBLICIZED BY SYNOPSIS IN THE DEPARTMENT OF COMMERCE BULLETIN AND BY POSTING NOTICES IN PUBLIC PLACES, WHICH PUBLICITY RESULTED IN 17 ADDITIONAL INVITATION REQUESTS FROM PROSPECTIVE BIDDERS. YOUR INVITATION REQUEST WAS RECEIVED BY THE PROCURING ACTIVITY ON JUNE 14, 1962. BIDS WERE SCHEDULED TO BE OPENED ON JUNE 22, 1962.

YOU ALLEGE THAT THE BID SET WHICH YOU RECEIVED ON JUNE 16, 1962, CONSISTED SOLELY OF 29 COVER PAGES. THEREFORE, YOU WIRED THE PROCURING ACTIVITY AND ASKED IT TO FORWARD TO YOU THE REMAINING PAGES OF THE INVITATION, AND TO EXTEND THE BID OPENING DATE. YOU FURTHER ALLEGE THAT YOU RECEIVED THE REMAINING PAGES ON JUNE 21, 1962, BUT THAT THE BID OPENING DATE WAS NOT EXTENDED AND, THEREFORE, YOU WERE NOT PERMITTED ENOUGH TIME TO SUBMIT YOUR BID.

THE ADMINISTRATIVE REPORT ESTABLISHES THAT YOUR WIRE REQUESTING THE REMAINING PAGES OF THE INVITATION WAS RECEIVED IN THE ADJUTANT'S OFFICE OF THE PROCURING ACTIVITY. HOWEVER, THE CONTRACTING OFFICER DID NOT RECEIVE THE WIRE AND HAD NO KNOWLEDGE OF THE ERROR IN THE ORIGINAL BID SET, OR OF YOUR REQUEST FOR EXTENSION OF THE BID OPENING TIME, UNTIL AN INVESTIGATION WAS MADE PURSUANT TO YOUR PROTEST. THE CONTRACTING OFFICER INDICATES THAT IF THE REQUEST HAD BEEN RECEIVED IN THE PROCUREMENT OFFICE, AS IT SHOULD HAVE BEEN, IT WOULD HAVE BEEN HONORED.

THE DEPARTMENT OF THE AIR FORCE ACKNOWLEDGES AND REGRETS THE ERRORS MADE BY THE PROCURING ACTIVITY AND ADVISES US THAT THE ACTIVITY WILL BE REQUESTED TO TAKE APPROPRIATE ACTIONS TO PREVENT THE RECURRENCE OF THESE ERRORS. ALTHOUGH THIS OFFICE AGREES THAT YOU SHOULD HAVE RECEIVED A PROPER INVITATION AND SHOULD HAVE BEEN EXTENDED ENOUGH TIME TO SUBMIT A BID, WE CANNOT AGREE THAT THE PROCUREMENT SHOULD NOW BE READVERTISED. THE BIDS HAVE BEEN OPENED AND THE LOW BID HAS BEEN DISCLOSED. A TOTAL OF SEVEN BIDS WAS RECEIVED, THUS PROVIDING ADEQUATE PRICE COMPETITION. SINCE THERE IS NO REQUIREMENT THAT ALL BIDS BE REJECTED MERELY BECAUSE OF FAILURE TO FURNISH A BIDDER WITH A COPY OF AN INVITATION, WE BELIEVE THAT, UNDER THESE CIRCUMSTANCES, OUR OFFICE WOULD NOT BE JUSTIFIED IN TAKING ANY FURTHER ACTION IN THIS CASE. 34 COMP. GEN. 684.