B-172335, MAY 13, 1971

B-172335: May 13, 1971

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IT IS THE COMP. GEN.'S VIEW THAT THE BID IS DEEMED TO OFFER ONE OF THE COMPLYING ITEMS AND THE BID MAY THEREFORE BE CONSIDERED FOR AWARD. SECRETARY: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 25. OUR ADVICE IS REQUESTED AS TO WHETHER THE DOALL BID. WHICH IS LOW. IT IS OUR POSITION THAT WHERE UNSOLICITED DESCRIPTIVE LITERATURE SUBMITTED WITH A BID DESCRIBES BOTH CONFORMING AND NONCONFORMING ARTICLES. THE BID IS DEEMED TO OFFER ONE OF THE COMPLYING ITEMS AND THE BID IS NOT THEREBY RENDERED NONRESPONSIVE.

B-172335, MAY 13, 1971

BID PROTEST - BID RESPONSIVENESS - NONSOLICITED DESCRIPTIVE LITERATURE DECISION THAT A LOW BID BY DOALL BALTIMORE COMPANY SUBMITTED IN RESPONSE TO AN IFB FOR ONE MANUAL FEED, HORIZONTAL, CUT-OFF BAND SAW, MAY BE CONSIDERED FOR AWARD. ALTHOUGH DOALL SUBMITTED DESCRIPTIVE LITERATURE WITH ITS BID AND THE LITERATURE REFERRED TO FOUR CUT-OFF BAND SAW MODELS, ONLY TWO OF WHICH CONFORMED TO THE REQUIRED SPECIFICATION, IT IS THE COMP. GEN.'S VIEW THAT THE BID IS DEEMED TO OFFER ONE OF THE COMPLYING ITEMS AND THE BID MAY THEREFORE BE CONSIDERED FOR AWARD.

TO MR. SECRETARY:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 25, 1971, IN WHICH YOU REQUEST A DECISION AS TO WHETHER THE BID OF DOALL BALTIMORE COMPANY SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. N00600-71-B-0156 MAY BE CONSIDERED FOR AWARD.

THE IFB, ISSUED ON JANUARY 18, 1971, CALLED FOR ONE MANUAL FEED, HORIZONTAL, CUT-OFF BAND SAW CONFORMING TO MILITARY SPECIFICATION MIL-S 23847A, JULY 1, 1969, WITH CERTAIN MODIFICATIONS.

ALTHOUGH THE IFB DID NOT SOLICIT DESCRIPTIVE LITERATURE, DOALL SUBMITTED WITH ITS BID, A BROCHURE ENTITLED "DOALL SERIES NINE (9) CUT OFF BAND SAWS" DESCRIBING FOUR DIFFERENT MODELS OF SAWS. THE BID CONTAINS NO INDICATION OF THE SPECIFIC MODEL OFFERED. SINCE TWO OF THE FOUR MODELS DESCRIBED IN THE BROCHURE CONFORM TO SPECIFICATIONS WHILE THE OTHER TWO DO NOT, OUR ADVICE IS REQUESTED AS TO WHETHER THE DOALL BID, WHICH IS LOW, MAY BE REGARDED AS RESPONSIVE.

IT IS OUR POSITION THAT WHERE UNSOLICITED DESCRIPTIVE LITERATURE SUBMITTED WITH A BID DESCRIBES BOTH CONFORMING AND NONCONFORMING ARTICLES, BUT CONTAINS NOTHING WHICH OTHERWISE CASTS DOUBT ON THE BIDDER'S INTENTION TO COMPLY WITH THE SPECIFICATIONS, THE BID IS DEEMED TO OFFER ONE OF THE COMPLYING ITEMS AND THE BID IS NOT THEREBY RENDERED NONRESPONSIVE. COMP. GEN. 851 (1970) AND B-169547, SEPTEMBER 17, 1970. ACCORDINGLY, THE DOALL BID, IF OTHERWISE PROPER, MAY BE CONSIDERED FOR AWARD.