B-160539, JAN. 31, 1967

B-160539, JAN. 31, 1967

TO A. GERIS, INC.:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1966, PROTESTING AGAINST THE ACTION OF THE LETTERKENNY ARMY DEPOT, CHAMBERSBURG, PENNSYLVANIA, IN AMENDING INVITATION FOR BIDS NO. DAAC67-67-B-0166 ISSUED OCTOBER 21, 1966, BY EXTENDING THE TIME FOR OPENING OF BIDS FROM 2:00 M., NOVEMBER 17, 1966, TO 2:00 P.M., NOVEMBER 22, 1966.

THE RECORD SHOWS THAT WHILE THE INVITATION, WHICH WAS FOR THE CONSTRUCTION OF A RADAR TEST SITE FACILITY, ORIGINALLY SCHEDULED THE BID OPENING FOR 2:00 P.M., NOVEMBER 17, 1966, A PRE-INVITATION NOTICE ISSUED OCTOBER 21, 1966, ESTABLISHED THE TENTATIVE BID OPENING DATE AS NOVEMBER 22, 1966. THE CONTRACTING OFFICER REPORTS THAT THE DISCREPANCY IN THE BID OPENING DATES WAS NOT NOTED UNTIL 10:00 A.M., NOVEMBER 17, 1966, AND THAT THE INVITATION WAS IMMEDIATELY AMENDED BY TELETYPE TO PROSPECTIVE BIDDERS EXTENDING THE BID OPENING DATE TO 2:00 P.M., NOVEMBER 22, 1966. THE FOLLOWING BIDS WERE RECEIVED AND RECORDED AT THE AMENDED BID OPENING TIME:

TABLE

R. A. HILL, CHAMBERSBURG, PA. $158,432.00

A. GERIS, INC., CHESWICK, PA. 153.299.00

THURMONT CONSTRUCTION CO., THURMONT, MD. 177,850.00

NORMAN S. EARLY AND SON, HAGERSTOWN, MD. 168,059.00

MAITLAND BROS. CO., LITTLESTOWN, PA. 131,531.00

WAYNESBORO CONSTRUCTION CO., WAYNESBORO, PA. 133,080.00

AWARD WAS MADE DECEMBER 5, 1966, TO THE LOW BIDDER, MAITLAND BROS. CO.

UNDER ASPR 2-208 (A) THE AMENDMENT OF AN INVITATION FOR BIDS IS AUTHORIZED AFTER ISSUANCE BUT BEFORE THE TIME SET FOR OPENING IF IT BECOMES NECESSARY TO MAKE CHANGES IN OPENING DATES, AS HERE, OR TO CORRECT A DEFECTIVE OR AMBIGUOUS INVITATION. IT APPEARS THAT THE AMENDMENT IN QUESTION WAS MADE TO PRECLUDE CONFUSION ON THE PART OF BIDDERS, AND IT DOES NOT APPEAR THAT IT WAS DONE TO BENEFIT ANY BIDDER IN PARTICULAR OR TO GIVE ANY BIDDER AN ADVANTAGE OVER ANY OTHER BIDDER.

THE RECORD FURTHER SHOWS THAT YOUR TELEGRAM REDUCING YOUR ORIGINAL BID OF $250,000 TO $153,299 WAS ISSUED 11:50 A.M., NOVEMBER 17, 1966, AND RECEIVED BY THE DEPOT AT 1:31 P.M. THAT SAME DAY. SINCE THE TELETYPE EXTENDING THE BID OPENING WAS ISSUED AT 10:15 A.M. THAT DAY IT IS OBVIOUS THAT NONE OF THE PROCUREMENT PERSONNEL KNEW WHAT YOUR REVISED BID WAS AT THE TIME THE EXTENSION TELETYPE WAS ISSUED. FURTHER, YOUR REVISED BID WAS FILED IN A SEALED ENVELOPE AND NOT MADE PUBLIC UNTIL THE OPENING OF ALL BIDS AT 2:00 P.M. ON NOVEMBER 22, 1966. IN ADDITION, IT IS REPORTED THAT ALL BIDS RECEIVED BETWEEN NOVEMBER 17, 1966, AND NOVEMBER 22, 1966, WERE HELD UNOPENED UNTIL BID OPENING TIME. WHETHER, AS YOU CONTEND, YOUR BID WOULD HAVE BEEN LOW IF THE BIDS HAD BEEN OPENED AS ORIGINALLY SCHEDULED, APPEARS TO BE CONJECTURAL AT BEST, SINCE IT MUST BE ASSUMED THAT OTHER BIDS MAY HAVE BEEN SUBMITTED PRIOR TO THE ORIGINAL BID OPENING TIME IF BIDDERS HAD NOT BEEN NOTIFIED THAT THE TIME WAS EXTENDED. SINCE YOU HAD THE SAME OPPORTUNITY AS OTHER BIDDERS BETWEEN NOVEMBER 17 AND 22 TO SUBMIT A LOWER BID PRICE, WE CANNOT CONCLUDE THAT THE EXTENSION OF THE BID OPENING DATE PLACED YOU AT A COMPETITIVE DISADVANTAGE OR AFFORDS ANY OTHER VALID BASIS FOR ..END :