B-152260, SEP. 25, 1963

B-152260: Sep 25, 1963

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

GENERAL SERVICES ADMINISTRATION: WE HAVE A LETTER FROM THE DIRECTOR OF PROCUREMENT AND ECONOMIC POLICY. "A MINOR INFORMALITY OR IRREGULARITY IS ONE WHICH IS MERELY A MATTER OF FORM OR IS SOME IMMATERIAL VARIATION FROM THE EXACT REQUIREMENTS OF THE INVITATION FOR BIDS. WAIVE ANY SUCH DEFICIENCY WHERE IT IS TO THE ADVANTAGE OF THE GOVERNMENT. EXAMPLES OF MINOR INFORMALITIES OR IRREGULARITIES INCLUDE: "/D) * * * "/2) THE AMENDMENT CLEARLY WOULD HAVE NO EFFECT OR MERELY A TRIVIAL OR NEGLIGIBLE EFFECT ON PRICE. YOU REPORT THAT THE PURPOSE OF THE ABOVE PROPOSALS IS PRIMARILY TO REFLECT THE RATIONALE OF OUR DECISION B-148162. IT SHOULD BE OBSERVED THAT IN SOME OF THE REFERENCED DECISIONS THE BID PRICES WERE SLIGHTLY AFFECTED AS A LOGICAL RESULT OF A TRIVIAL CHANGE IN QUANTITY OR QUALITY ORDERED BY THE ADDENDA OR MODIFICATIONS.

B-152260, SEP. 25, 1963

TO ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

WE HAVE A LETTER FROM THE DIRECTOR OF PROCUREMENT AND ECONOMIC POLICY, FILE BB, ASKING FOR COMMENTS ON THE FOLLOWING PROPOSED REVISIONS TO THE INTRODUCTORY PARAGRAPH AND SUBSECTION (D) (2) OF SECTION 1-2.405 OF THE FEDERAL PROCUREMENT REGULATIONS:

"SECTION 1-2.405 MINOR INFORMALITIES OF IRREGULARITIES IN BIDS.

"A MINOR INFORMALITY OR IRREGULARITY IS ONE WHICH IS MERELY A MATTER OF FORM OR IS SOME IMMATERIAL VARIATION FROM THE EXACT REQUIREMENTS OF THE INVITATION FOR BIDS, HAVING NO EFFECT OR MERELY A TRIVIAL OR NEGLIGIBLE EFFECT ON PRICE, AND NO EFFECT ON QUALITY, QUANTITY OR DELIVERY OF THE SUPPLIES OR PERFORMANCE OF THE SERVICES BEING PROCURED, AND THE CORRECTION OR WAIVER OF WHICH WOULD NOT AFFECT THE RELATIVE STANDING OF, OR BE OTHERWISE PREJUDICIAL TO, BIDDERS. THE CONTRACTING OFFICER SHALL EITHER GIVE TO THE BIDDER AN OPPORTUNITY TO CURE ANY DEFICIENCY RESULTING FROM A MINOR INFORMALITY OR IRREGULARITY IN A BID, OR, WAIVE ANY SUCH DEFICIENCY WHERE IT IS TO THE ADVANTAGE OF THE GOVERNMENT. EXAMPLES OF MINOR INFORMALITIES OR IRREGULARITIES INCLUDE:

"/D) * * *

"/2) THE AMENDMENT CLEARLY WOULD HAVE NO EFFECT OR MERELY A TRIVIAL OR NEGLIGIBLE EFFECT ON PRICE, AND NO EFFECT ON QUALITY, QUANTITY,DELIVERY, OR THE RELATIVE STANDING OF BIDDERS, SUCH AS AN AMENDMENT CORRECTING A TYPOGRAPHICAL MISTAKE IN THE NAME OF THE GOVERNMENT PURCHASING IVITY.'

YOU REPORT THAT THE PURPOSE OF THE ABOVE PROPOSALS IS PRIMARILY TO REFLECT THE RATIONALE OF OUR DECISION B-148162, DATED FEBRUARY 20, 1962, AND DECISIONS CITED THEREIN. IT SHOULD BE OBSERVED THAT IN SOME OF THE REFERENCED DECISIONS THE BID PRICES WERE SLIGHTLY AFFECTED AS A LOGICAL RESULT OF A TRIVIAL CHANGE IN QUANTITY OR QUALITY ORDERED BY THE ADDENDA OR MODIFICATIONS. THE PROPOSED REVISION DOES NOT APPEAR TO TAKE INTO ACCOUNT THIS NECESSARY RELATIONSHIP AND WOULD APPEAR TO PROHIBIT THE CONTRACTING OFFICER FROM CONSIDERING BIDS WHICH FAILED TO INCLUDE ACKNOWLEDGEMENT OF ADDENDA WHICH SLIGHTLY AFFECTED QUANTITY OR QUALITY. WE SUGGEST THAT THE INTRODUCTORY PARAGRAPH AS WELL AS PARAGRAPH (D) (2) SHOULD BE CHANGED TO INCLUDE THE RELATIONSHIP BETWEEN PRICE AND QUANTITY OR QUALITY.