B-168761(2), APR. 1, 1970

B-168761(2): Apr 1, 1970

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UNSUCCESSFUL BIDDER WHOSE BID WAS REJECTED AS NONRESPONSIVE FOR FAILURE TO OFFER BID ACCEPTANCE PERIOD OF AT LEAST 90 DAYS AND WHO CONTENDS 90-DAY ACCEPTANCE PERIOD BECAME IMMATERIAL WHEN NO AWARD WAS MADE WITHIN THAT PERIOD. OFFERS NO BASIS FOR OBJECTION SINCE BIDDER'S NONRESPONSIVENESS MAY NOT BE CURED BY PASSAGE OF TIME AND GAO HAS HELD THAT EXTENSIONS OF BID ACCEPTANCE TIME ARE EFFECTIVE ONLY WHEN BID. INC.: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 16. ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF THE NAVY REGARDING THIS MATTER. WE DO NOT AGREE WITH YOUR CONTENTION THAT THE 90-DAY ACCEPTANCE PERIOD BECAME TOTALLY IMMATERIAL WHEN NO AWARD WAS MADE WITHIN THAT PERIOD.

B-168761(2), APR. 1, 1970

BIDS--ACCEPTANCE TIME LIMITATION--FAILURE TO COMPLY UNDER INVITATION REQUIRING BIDDERS TO OFFER BID ACCEPTANCE PERIOD OF AT LEAST 90 DAYS, UNSUCCESSFUL BIDDER WHOSE BID WAS REJECTED AS NONRESPONSIVE FOR FAILURE TO OFFER BID ACCEPTANCE PERIOD OF AT LEAST 90 DAYS AND WHO CONTENDS 90-DAY ACCEPTANCE PERIOD BECAME IMMATERIAL WHEN NO AWARD WAS MADE WITHIN THAT PERIOD, OFFERS NO BASIS FOR OBJECTION SINCE BIDDER'S NONRESPONSIVENESS MAY NOT BE CURED BY PASSAGE OF TIME AND GAO HAS HELD THAT EXTENSIONS OF BID ACCEPTANCE TIME ARE EFFECTIVE ONLY WHEN BID, IN FIRST INSTANCE, MEETS INVITATION REQUIREMENT. SEE COMP. GEN. DECS. CITED.

TO HERCULES, INC.:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 16, 1970, AND PRIOR CORRESPONDENCE REGARDING YOUR PROTEST UNDER INVITATION FOR BIDS NO. N00019 -70-B-0014, ISSUED BY THE NAVAL AIR SYSTEMS COMMAND, WASHINGTON, D.C.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF THE NAVY REGARDING THIS MATTER. THE QUESTION RAISED AS TO THE NAVY'S FAILURE TO GIVE YOUR COMPANY AN OPPORTUNITY TO EXTEND THE TIME FOR ACCEPTANCE OF YOUR BID, IN ACCORDANCE WITH THE ARMED SERVICES PROCUREMENT REGULATION (ASPR) 2 -407.8 (B) (1), HAS BEEN RENDERED MOOT IN VIEW OF THE CONCLUSION REACHED IN OUR DECISION REGARDING THIS PROCUREMENT.

WE DO NOT AGREE WITH YOUR CONTENTION THAT THE 90-DAY ACCEPTANCE PERIOD BECAME TOTALLY IMMATERIAL WHEN NO AWARD WAS MADE WITHIN THAT PERIOD. THE FAILURE OF HERCULES TO OFFER A BID ACCEPTANCE PERIOD OF AT LEAST 90 DAYS AS REQUIRED BY THE SPECIFIC TERMS OF THE INVITATION RENDERED THE BID NONRESPONSIVE AND THIS NONRESPONSIVENESS MAY NOT BE CURED BY THE PASSAGE OF TIME. OUR OFFICE HAS HELD THAT EXTENSIONS OF THE BID ACCEPTANCE PERIOD ARE EFFECTIVE ONLY WHEN THE BID, IN THE FIRST INSTANCE, MEETS THE INVITATION REQUIREMENT RELATIVE TO THE PERIOD OF BID ACCEPTANCE. 46 COMP. GEN. 418, 422 (1966).

RESPECTING THE OPPORTUNITY AFFORDED BIDDERS TO EXTEND THE ACCEPTANCE PERIOD OF THEIR BIDS, OUR OFFICE HAS HELD THAT A BIDDER MAY WAIVE THE BENEFIT AND PROTECTION OF HIS BID ACCEPTANCE PERIOD AFTER ITS EXPIRATION IF HE IS STILL WILLING TO ACCEPT AN AWARD ON THE BASIS OF THE BID AS SUBMITTED. 42 COMP. GEN. 604, 606 (1963); 46 ID. 371, 373 (1966).