B-154448, AUG. 6, 1964

B-154448: Aug 6, 1964

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WE ARE ADVISING SENATOR KUCHEL. THE LANGUAGE ON WE FORM 1278 (10-63) IS MISLEADING AS TO WHETHER THE LIST OF PROPOSED SUBCONTRACTORS IS A MATERIAL PART OF THE BID SINCE THE WORD "REQUIRED" IS USED. IF THE FURNISHING OF THE LIST OF PROPOSED SUBCONTRACTORS IS NOT TO BE A MATERIAL PART OF THE BID. THE INVITATION SHOULD NOT CONTAIN THE IMPLICATION AS IN THIS CASE THAT THE INFORMATION IS "REQUIRED.'. THE GENERAL RULE IS THAT NOTHING SHOULD BE "REQUIRED" BY AN INVITATION UNLESS IT IS OF SUCH MATERIALITY THAT ITS OMISSION FROM A BID WILL RESULT IN REJECTION OF THE BID. IT IS SUGGESTED THAT APPROPRIATE STEPS BE TAKEN TO INSURE THAT FUTURE INVITATIONS EMPLOY LANGUAGE. WHICH WILL CLEARLY ADVISE PROSPECTIVE BIDDERS OF MATERIAL REQUIREMENTS TO BE MET AND THE EFFECT OF FAILURE TO COMPLY THEREWITH.

B-154448, AUG. 6, 1964

TO HONORABLE NAJEEB E. HALABY, ADMINISTRATOR, FEDERAL AVIATION AGENCY:

WE REFER TO A LETTER WITH ENCLOSURES, WE-723, DATED JULY 16, 1964, FROM THE CONTRACTING OFFICER, REGIONAL HEADQUARTERS, WESTERN REGION CONTRACT AND PROCUREMENT SECTION, INSTALLATION AND MATERIEL DIVISION, IN CONNECTION WITH A PROTEST BY THE H. C. WARREN ELECTRICAL CORPORATION, TO THE AWARD OF A CONTRACT TO PACIFIC WEST COAST CORPORATION UNDER INVITATION FOR BIDS NO. 64-WE-12009. WE ARE ADVISING SENATOR KUCHEL, WHO BROUGHT THE MATTER TO OUR ATTENTION, THAT WE FIND NO LEGAL BASIS TO JUSTIFY DISTURBING THE AWARD.

HOWEVER, THE LANGUAGE ON WE FORM 1278 (10-63) IS MISLEADING AS TO WHETHER THE LIST OF PROPOSED SUBCONTRACTORS IS A MATERIAL PART OF THE BID SINCE THE WORD "REQUIRED" IS USED. IF THE FURNISHING OF THE LIST OF PROPOSED SUBCONTRACTORS IS NOT TO BE A MATERIAL PART OF THE BID, THE INVITATION SHOULD NOT CONTAIN THE IMPLICATION AS IN THIS CASE THAT THE INFORMATION IS "REQUIRED.' IN THIS CONNECTION, THE GENERAL RULE IS THAT NOTHING SHOULD BE "REQUIRED" BY AN INVITATION UNLESS IT IS OF SUCH MATERIALITY THAT ITS OMISSION FROM A BID WILL RESULT IN REJECTION OF THE BID, REGARDLESS OF THE BIDDER'S WILLINGNESS TO SUPPLY THE DEFICIENCY AFTER BID OPENING. IT IS SUGGESTED THAT APPROPRIATE STEPS BE TAKEN TO INSURE THAT FUTURE INVITATIONS EMPLOY LANGUAGE, IN ACCORDANCE WITH FPR 1-2.202-5 (D), WHICH WILL CLEARLY ADVISE PROSPECTIVE BIDDERS OF MATERIAL REQUIREMENTS TO BE MET AND THE EFFECT OF FAILURE TO COMPLY THEREWITH.