B-155272, NOV. 5, 1964

B-155272: Nov 5, 1964

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THIS INVITATION WAS ISSUED FOR THE PROCUREMENT OF EIGHT ITEMS OF VENETIAN BLINDS IN ACCORDANCE WITH FEDERAL SPECIFICATIONS NO. WERE SPECIFICALLY MADE A PART OF THIS INVITATION. WEIGHTS AND CUBIC MEASUREMENTS" PROVIDED: "COST OF INLAND AND OCEAN FREIGHT WILL BE USED IN EVALUATING BIDS. WEIGHTS AND CUBIC MEASUREMENTS ARE. WHERE DIFFERENT FREIGHT RATES ARE APPLICABLE. PAGES 9 THROUGH 11 OF THE INVITATION CONTAINED BLANKS WHERE THE BIDDER WAS TO FILL IN . THESE ITEMS WERE TO BE SHIPPED TO ANDERSEN AIR FORCE BASE. YOUR BID WAS THE LOWEST RECEIVED ON AN F.O.B. YOU DID NOT FILL IN THE BLANKS ON PAGES 9 THROUGH 11 OF THE INVITATION RELATING TO THE GUARANTEED CONTAINER INFORMATION AND FOR THIS REASON YOUR BID WAS REJECTED BY GSA AS NONRESPONSIVE.

B-155272, NOV. 5, 1964

TO SUNSET VENETIAN BLINDS:

WE REFER TO YOUR LETTER DATED SEPTEMBER 22, 1964, REQUESTING OUR OFFICE TO REVIEW THE PROCUREMENT UNDER INVITATION FOR BIDS NO. SFZ 04577-64, ISSUED BY THE GENERAL SERVICES ADMINISTRATION, FEDERAL SUPPLY SERVICE, SAN FRANCISCO, CALIFORNIA.

THIS INVITATION WAS ISSUED FOR THE PROCUREMENT OF EIGHT ITEMS OF VENETIAN BLINDS IN ACCORDANCE WITH FEDERAL SPECIFICATIONS NO. AA-V-200, DATED SEPTEMBER 6, 1956, AND AMENDMENT NO. 4, DATED FEBRUARY 21, 1963. ITEM 3 ON PAGE 5 OF THE INVITATION PROVIDED THAT THE SPECIAL CLAUSES FOR HOUSEHOLD AND QUARTERS FURNITURE AND APPLIANCES PROCUREMENT DATED NOVEMBER 6, 1962, WERE SPECIFICALLY MADE A PART OF THIS INVITATION. PARAGRAPH 11 OF THE SPECIAL CLAUSES ENTITLED ,WEIGHTS AND CUBIC MEASUREMENTS" PROVIDED:

"COST OF INLAND AND OCEAN FREIGHT WILL BE USED IN EVALUATING BIDS, WEIGHTS AND CUBIC MEASUREMENTS ARE, THEREFORE, ESSENTIAL. THE METRIC SYSTEM SHALL NOT BE USED. BIDDER SHALL STATE THE TOTAL ACTUAL OR ESTIMATED MAXIMUM GROSS WEIGHT AND CUBIC MEASUREMENT FOR THE UNIT SPECIFIED AND THE NUMBER OF PACKAGES IN A SHIPMENT OF A SINGLE UNIT TOGETHER WITH SHIPPING POINT OR POINTS. DIMENSIONS SHALL BE THOSE UPON WHICH CHARGES WOULD BE BASED BY COMMON CARRIERS. WHERE DIFFERENT FREIGHT RATES ARE APPLICABLE, CONTENTS OF EACH PACKAGE SHALL BE SPECIFIED.

"FAILURE TO STATE SUCH WEIGHTS AND CUBIC MEASUREMENTS SHALL CAUSE REJECTION OF A BID. THE GOVERNMENT SHALL DEDUCT FROM ANY PAYMENT DUE THE CONTRACTOR ANY EXCESS COST RESULTING FROM WEIGHT AND/OR CUBAGE OF EACH SHIPMENT WHICH EXCEEDS SUCH STATED ACTUAL OR ESTIMATED MAXIMUM GROSS WEIGHT AND CUBIC MEASUREMENT PER SINGLE UNIT MULTIPLIED BY THE NUMBER OF UNITS SHIPPED.'

PAGES 9 THROUGH 11 OF THE INVITATION CONTAINED BLANKS WHERE THE BIDDER WAS TO FILL IN ,GUARANTEED CONTAINER INFORMATION.' PAGE 6 OF THE INVITATION INDICATED THE COMBINED OCEAN AND PORT HANDLING COST FACTORS FOR THE OVERSEAS SHIPMENTS OF THESE ITEMS. THESE ITEMS WERE TO BE SHIPPED TO ANDERSEN AIR FORCE BASE, GUAM.

YOUR BID WAS THE LOWEST RECEIVED ON AN F.O.B. ORIGIN BASIS AND ON THE BASIS OF F.O.B. OAKLAND, CALIFORNIA. HOWEVER, YOU DID NOT FILL IN THE BLANKS ON PAGES 9 THROUGH 11 OF THE INVITATION RELATING TO THE GUARANTEED CONTAINER INFORMATION AND FOR THIS REASON YOUR BID WAS REJECTED BY GSA AS NONRESPONSIVE. IN YOUR LETTER TO OUR OFFICE YOU QUESTION THE DETERMINATION THAT YOUR BID WAS NONRESPONSIVE AND YOU ALLEGE THAT THE CONTRACTING OFFICER COULD EASILY HAVE ACQUIRED THE GUARANTEED CONTAINER INFORMATION BY A TELEPHONE CALL TO YOU AFTER BID OPENING.

THE RECORD SHOWS THAT GSA NEEDED THE GUARANTEED CONTAINER INFORMATION FOR THE PURPOSE OF EVALUATING YOUR BID FOR INLAND AND OCEAN FREIGHT COSTS. YOU WERE SPECIFICALLY WARNED BY PARAGRAPH 11 OF THE SPECIAL CONDITIONS OF THE INVITATION, QUOTED ABOVE, THAT THE FAILURE TO GIVE THE GUARANTEED CONTAINER INFORMATION WOULD RESULT IN THE REJECTION OF YOUR BID. WITHOUT SUCH INFORMATION YOUR BID COULD NOT BE EVALUATED FOR OCEAN FREIGHT FOR SHIPMENT OF THE ITEMS TO GUAM. IN THESE CIRCUMSTANCES THERE IS NO BASIS FOR CONSIDERING YOUR FAILURE TO GIVE THE GUARANTEED CONTAINER INFORMATION AS A MINOR DEFICIENCY IN YOUR BID; THEREFORE, THIS REQUIREMENT COULD NOT BE WAIVED AFTER BID OPENING. SEE B-147873, FEBRUARY 14, 1962, AND CASES CITED THEREIN. TO PERMIT YOU TO FURNISH THE GUARANTEED CONTAINER INFORMATION AFTER BID OPENING WOULD BE PREJUDICIAL TO OTHER BIDDERS SINCE YOU COULD HAVE GUARANTEED CUBIC MEASUREMENTS AND SHIPPING WEIGHTS IN YOUR BID WHICH WERE LESS THAN ACTUAL RATHER THAN REDUCING THE PRICE FOR THE ITEM ITSELF.

IN VIEW OF THE RECORD PRESENTED TO OUR OFFICE WE FIND NO BASIS TO QUESTION THE ADMINISTRATIVE DETERMINATION TO REJECT YOUR BID.