B-165390, NOV. 15, 1968

B-165390: Nov 15, 1968

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TO FRANK AND WARREN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 4. CLAUSE NO. 4.107 ON PAGE 6 OF THE BID SCHEDULE REQUIRED BIDDERS TO SPECIFY GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS FOR THE ITEM AND PROVIDED THAT THE "FAILURE TO COMPLETE WILL RENDER IFBS NON-RESPONSIVE.'. THERE WAS NOTHING THEREIN FROM WHICH THE MAXIMUM SHIPPING WEIGHT COULD BE DETERMINED. YOUR BID WAS REJECTED AS NONRESPONSIVE TO THE REQUIREMENTS OF THE INVITATION. WHERE DELIVERY IS TO BE ON F.O.B. GUARANTEED SHIPPING DATA IS NOT ONLY NECESSARY FOR THE PROPER EVALUATION OF THE BIDS. WE HAVE HELD THAT THE FAILURE TO FURNISH SHIPPING DATA IN SUCH A CASE IS A MATERIAL REQUIREMENT WHICH CANNOT BE WAIVED. 38 COMP.

B-165390, NOV. 15, 1968

TO FRANK AND WARREN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 4, 1968, PROTESTING THE REJECTION OF YOUR BID SUBMITTED UNDER INVITATION FOR BIDS NO. DSA-700- 68-B-3496, ISSUED BY THE DEFENSE CONSTRUCTION SUPPLY CENTER, COLUMBUS, OHIO.

THE INVITATION REQUESTED BIDS ON FURNISHING 1520 REPAIR KITS IN ACCORDANCE WITH AF DRAWING NO. 67C46306-10, FOR SHIPMENT TO ROBINS AIR FORCE BASE, GEORGIA, ON AN F.O.B. ORIGIN BASIS. CLAUSE NO. 4.107 ON PAGE 6 OF THE BID SCHEDULE REQUIRED BIDDERS TO SPECIFY GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS FOR THE ITEM AND PROVIDED THAT THE "FAILURE TO COMPLETE WILL RENDER IFBS NON-RESPONSIVE.'

YOUR BID FAILED TO FURNISH ANY GUARANTEED SHIPPING DATA AS REQUIRED BY CLAUSE NO. 4.107. WHILE PAGE 11 OF THE SCHEDULE REQUIRED THAT THE SUPPLIES BE PACKED IN ACCORDANCE WITH MIL-STD 794A, THERE WAS NOTHING THEREIN FROM WHICH THE MAXIMUM SHIPPING WEIGHT COULD BE DETERMINED. THEREFORE, YOUR BID WAS REJECTED AS NONRESPONSIVE TO THE REQUIREMENTS OF THE INVITATION.

WHERE DELIVERY IS TO BE ON F.O.B. ORIGIN BASIS, GUARANTEED SHIPPING DATA IS NOT ONLY NECESSARY FOR THE PROPER EVALUATION OF THE BIDS, BUT ALSO ESTABLISHES THE AMOUNT TO BE CHARGED THE CONTRACTOR IN THE EVENT THE ACTUAL SHIPPING COST EXCEEDS THE GUARANTEED COST. WE HAVE HELD THAT THE FAILURE TO FURNISH SHIPPING DATA IN SUCH A CASE IS A MATERIAL REQUIREMENT WHICH CANNOT BE WAIVED. 38 COMP. GEN. 819 AND B-161753, AUGUST 16, 1967.

ACCORDINGLY, SINCE YOUR BID DID NOT COMPLY WITH THE ESSENTIAL REQUIREMENTS OF THE INVITATION, THE REJECTION OF THE BID AS NON RESPONSIVE WAS PROPER AND YOUR PROTEST MUST BE DENIED.