B-159280, JUL. 18, 1966

B-159280: Jul 18, 1966

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INC.: FURTHER REFERENCE IS MADE TO A COPY OF YOUR LETTER DATED MAY 16. IS NONRESPONSIVE FOR FAILURE TO CITE F.O.B. THIS WAS THE POINT OF DESTINATION. THE FAILURE TO COMPLY WITH THIS REQUIREMENT IS IMMATERIAL. OFFERED AND AGREED TO FURNISH ANY OR ALL ITEMS UPON WHICH PRICES ARE QUOTED. SIGNED THEIR BID WITHOUT TAKING EXCEPTION TO THE REQUIREMENT IN SECTION 5.0 OF THE SCHEDULE THAT ALL TRANSPORTATION CHARGES BE PAID BY THE SUPPLIER TO THE POINT OF DESTINATION WHICH WAS STATED ON STANDARD FORM 33 TO BE THE UNITED STATES NAVAL AIR STATION. THIS WAS THE OBLIGATION INTENDED TO BE ASSUMED BY A PROSPECTIVE CONTRACTOR AND WE THINK THAT THE BID SUBMITTED BY GENERAL DEVICES. DESTINATION IS IMMATERIAL AND IN NO WAY PREJUDICIAL TO THE RIGHTS OF OTHER BIDDERS.

B-159280, JUL. 18, 1966

TO SONEX, INC.:

FURTHER REFERENCE IS MADE TO A COPY OF YOUR LETTER DATED MAY 16, 1966, PROTESTING ANY AWARD OF A CONTRACT TO GENERAL DEVICES, INC., UNDER INVITATION FOR BIDS (IFB) NO. N00421-66-B-0088 ISSUED BY THE UNITED STATES NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, ON APRIL 12, 1966. THE IFB COVERED THE PROCUREMENT OF SUB-CARRIER OSCILLATORS IN ACCORDANCE WITH SPECIFICATIONS INCORPORATED THEREIN BY REFERENCE ENTITLED "SPECIFICATIONS FOR LOW LEVEL VOLTAGE CONTROLLED SUB-CARRIER OSCILLATORS.'

YOU CONTEND THAT THE BID SUBMITTED BY GENERAL DEVICES, INC., IS NONRESPONSIVE FOR FAILURE TO CITE F.O.B. DESTINATION IN THEIR BID AS REQUIRED BY SECTION 5.0 OF THE SCHEDULE ENTITLED "PLACE OF DELIVERY.' SECTION 5.0 PROVIDES IN PERTINENT PART AS FOLLOWS: "THE ARTICLES TO BE FURNISHED HEREUNDER SHALL BE DELIVERED ALL TRANSPORTATION CHARGES PAID, BY THE SUPPLIER TO THE RECEIVING OFFICER, U.S. NAVAL AIR STATION, PATUXENT RIVER, MARYLAND. * * * BIDS MUST CITE F.O.B. DESTINATION TO BE RESPONSIVE. ANY TRANSPORTATION COSTS MAY BE ADDED TO THE COST OF THE MATERIAL.'

PAGE ONE OF STANDARD FORM 33 SPECIFICALLY STATES,"DELIVERY F.O.B.: U.S. NAVAL AIR STATION, PATUXENT RIVER, MARYLAND.' THIS WAS THE POINT OF DESTINATION. NEVERTHELESS, SECTION 5.0 OF THE SCHEDULE REQUIRED THAT PROSPECTIVE CONTRACTORS "CITE F.O.B. DESTINATION TO BE RESPONSIVE.' GENERAL DEVICES, INC., FAILED TO SPECIFICALLY CITE THIS IN THEIR BID. HOWEVER, UNDER THE CIRCUMSTANCES, THE FAILURE TO COMPLY WITH THIS REQUIREMENT IS IMMATERIAL. GENERAL DEVICES, INC., IN SIGNING THEIR BID IN COMPLIANCE WITH ALL TERMS AND CONDITIONS, OFFERED AND AGREED TO FURNISH ANY OR ALL ITEMS UPON WHICH PRICES ARE QUOTED, AT THE PRICE SET OPPOSITE EACH ITEM, DELIVERED AT THE DESIGNATED POINT. GENERAL DEVICES, INC., SIGNED THEIR BID WITHOUT TAKING EXCEPTION TO THE REQUIREMENT IN SECTION 5.0 OF THE SCHEDULE THAT ALL TRANSPORTATION CHARGES BE PAID BY THE SUPPLIER TO THE POINT OF DESTINATION WHICH WAS STATED ON STANDARD FORM 33 TO BE THE UNITED STATES NAVAL AIR STATION, PATUXENT RIVER, MARYLAND. THEY THEREBY AGREED AND OBLIGATED THEMSELVES TO BEAR THE TRANSPORTATION CHARGES TO THE STATED DESTINATION AT THEIR BID PRICE. THIS WAS THE OBLIGATION INTENDED TO BE ASSUMED BY A PROSPECTIVE CONTRACTOR AND WE THINK THAT THE BID SUBMITTED BY GENERAL DEVICES, INC., CLEARLY INDICATES THE INTENT TO BID ON AN F.O.B. DESTINATION BASIS.

IN VIEW OF THE ABOVE, WE THINK THAT THE FAILURE OF GENERAL DEVICES, INC., TO CITE F.O.B. DESTINATION IS IMMATERIAL AND IN NO WAY PREJUDICIAL TO THE RIGHTS OF OTHER BIDDERS. OUR OFFICE HAS HELD THAT A DEVIATION FROM ADVERTISED REQUIREMENTS IS MATERIAL IF IT AFFECTS EITHER THE PRICE, QUANTITY OR QUALITY OF THE ARTICLES OFFERED. SEE 30 COMP. GEN. 179; 31 ID. 660; AND 33 ID. 421. SINCE WE HAVE DETERMINED THAT THE FAILURE OF GENERAL DEVICES, INC., TO "CITE F.O.B. DESTINATION" IN THEIR BID IS IMMATERIAL, IT DOES NOT RENDER THEIR BID NONRESPONSIVE.