B-158019, NOV. 17, 1965

B-158019: Nov 17, 1965

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VETERANS ADMINISTRATION SUPPLY DEPOT: REFERENCE IS MADE TO YOUR REQUEST OF NOVEMBER 12. YOU POINT OUT THAT THE INVITATION STATES THAT THE JUICE WAS TO BE FROM FRUIT HARVESTED AFTER JANUARY 1965. IT IS AN ESTABLISHED RULE THAT THE FAILURE OF A BID TO CONFORM TO THE DELIVERY REQUIREMENTS OF AN INVITATION FOR BIDS IS A MATERIAL DEVIATION WHICH CANNOT BE WAIVED AND WHICH REQUIRES REJECTION OF THE BID. 34 COMP.

B-158019, NOV. 17, 1965

TO REGIONAL MANAGER, VETERANS ADMINISTRATION SUPPLY DEPOT:

REFERENCE IS MADE TO YOUR REQUEST OF NOVEMBER 12, 1965, FOR A DECISION WHETHER THE LOW BID SUBMITTED BY CASE-SWAYNE CO., INC., FOR FURNISHING CERTAIN CITRUS JUICES--- ITEMS 2, 10 AND 19--- IN RESPONSE TO INVITATION M4-163-66, SHOULD BE ACCEPTED.

THAT PORTION OF THE INVITATION DELIVERY CLAUSE PERTAINING TO ITEMS 2, 10 AND 19 STATED THAT ,DELIVERIES SHALL BE DETERMINED AFTER AWARD OF CONTRACT AND SHALL BE AVAILABLE FOR SHIPMENT ON THE ORDER OF THE VETERANS ADMINISTRATION AT ANY TIME DURING THE PERIOD BEGINNING DECEMBER 20, 1965 THRU MARCH 1966.' HOWEVER, THE BIDDER QUALIFIED ITS BID ON EACH OF THE SUBJECT ITEMS BY PROVIDING FOR DELIVERY AFTER JANUARY 20, 1966. YOU STATE THAT THE BIDDER ADVISED AFTER BID OPENING THAT IT QUALIFIED DELIVERY BECAUSE IT THOUGHT THE VETERANS ADMINISTRATION WANTED JUICE FROM FRUIT HARVESTED AFTER JANUARY 1966. IN THAT CONNECTION, YOU POINT OUT THAT THE INVITATION STATES THAT THE JUICE WAS TO BE FROM FRUIT HARVESTED AFTER JANUARY 1965.

IT IS AN ESTABLISHED RULE THAT THE FAILURE OF A BID TO CONFORM TO THE DELIVERY REQUIREMENTS OF AN INVITATION FOR BIDS IS A MATERIAL DEVIATION WHICH CANNOT BE WAIVED AND WHICH REQUIRES REJECTION OF THE BID. 34 COMP. GEN. 24.

THE BID OF CASE-SWAYNE ON ITEMS 2, 10 AND 19 SHOULD THEREFORE BE REJECTED.