B-173746(2), OCT 26, 1971

B-173746(2): Oct 26, 1971

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THE RESPONSIVENESS OF THE BID IS UNAFFECTED AND THE BID SHOULD BE CONSIDERED FOR AWARD. THE DATA SOLICITED IN SUCH PARAGRAPHS ARE STRICTLY INFORMATIONAL HAVING NO EFFECT UPON THE BIDDER'S OBLIGATION TO PERFORM. SHUEY AIRCRAFT STATED THAT IT READ AND WAS BIDDING ON THE IFB. THE IFB STATES IN PARAGRAPH B-23 THAT IF A BIDDER DESIRES TO OFFER SURPLUS ITEMS IN RESPONSE TO THE IFB THE CONTRACTING OFFICER IS TO BE NOTIFIED TEN DAYS PRIOR TO THE BID OPENING SO THE CONTRACTING OFFICER MAY CONSIDER AMENDING THE TERMS OF THE IFB. SINCE THE SHUEY AIRCRAFT BID STATED IT WAS BIDDING UNDER THE IFB AND HAD NOT PREVIOUSLY REQUESTED PERMISSION TO BID ON SURPLUS PROPERLY AS PROVIDED IN THE IFB. WE THEREFORE HAVE CONCLUDED THAT SHUEY AIRCRAFT IS ELIGIBLE FOR AWARD UNDER ITS LETTER BID.

B-173746(2), OCT 26, 1971

BID PROTEST - RESPONSIVENESS V RESPONSIBILITY CONCERNING THE PROTEST OF SHUEY AIRCRAFT, INC., AGAINST THE REJECTION OF ITS LOW BID UNDER AN AIR FORCE IFB, THE COMP. GEN. FINDS THAT THE FAILURE OF SHUEY TO INCLUDE INFORMATION ON INSPECTION AND ACCEPTANCE POINTS AND NEW SOURCE FOR SPARE PARTS HAS NO EFFECT ON SHUEY'S OBLIGATION TO PERFORM. THEREFORE, THE RESPONSIVENESS OF THE BID IS UNAFFECTED AND THE BID SHOULD BE CONSIDERED FOR AWARD. FURTHER, SHUEY DID NOT REQUEST PERMISSION TO BID ON SURPLUS PROPERTY, AS IT COULD NOT FURNISH SURPLUS MATERIAL UNDER ANY AWARD MADE UNDER THE INSTANT IFB.

TO HI-TORQUE MFG. CO., INC.:

WE REFER TO YOUR LETTER OF SEPTEMBER 24, 1971, CONCERNING THE PROTEST OF SHUEY AIRCRAFT, INC., AGAINST THE REJECTION OF ITS LOW BID UNDER AIR FORCE INVITATION FOR BIDS (IFB) F41608-71-B-4363.

YOU CONTEND THAT THE SHUEY AIRCRAFT LETTER BID SHOULD NOT BE CONSIDERED BECAUSE IT DOES NOT PROVIDE INFORMATION REQUESTED IN IFB PARAGRAPH B-16 "F.O.B., INSPECTION AND ACCEPTANCE POINTS)," AND PARAGRAPH B-19, "NEW SOURCE FOR SPARE PARTS." HOWEVER, THE DATA SOLICITED IN SUCH PARAGRAPHS ARE STRICTLY INFORMATIONAL HAVING NO EFFECT UPON THE BIDDER'S OBLIGATION TO PERFORM. IT HAS BEEN HELD THAT THE FAILURE TO PROVIDE SUCH INFORMATION IN THE BID DOES NOT AFFECT THE RESPONSIVENESS OF THE BID AND IT MAY BE PROVIDED AFTER OPENING OF BIDS WITHOUT PREJUDICE TO OTHER BIDDERS. COMP. GEN. 553 (1970).

FURTHER, YOU CONTEND THAT SHUEY AIRCRAFT HAS NOT SPECIFICALLY AGREED TO ALL THE TERMS OF THE IFB AND HAS THEREFORE PROVIDED ITSELF WITH AN OPPORTUNITY TO FURNISH SURPLUS PROPERTY UNDER THE CONTRACT. HOWEVER, AS THE DECISION OF TODAY TO THE SECRETARY OF THE AIR FORCE, COPY ENCLOSED, INDICATES, SHUEY AIRCRAFT STATED THAT IT READ AND WAS BIDDING ON THE IFB. THE IFB STATES IN PARAGRAPH B-23 THAT IF A BIDDER DESIRES TO OFFER SURPLUS ITEMS IN RESPONSE TO THE IFB THE CONTRACTING OFFICER IS TO BE NOTIFIED TEN DAYS PRIOR TO THE BID OPENING SO THE CONTRACTING OFFICER MAY CONSIDER AMENDING THE TERMS OF THE IFB. IN THE CIRCUMSTANCES, SINCE THE SHUEY AIRCRAFT BID STATED IT WAS BIDDING UNDER THE IFB AND HAD NOT PREVIOUSLY REQUESTED PERMISSION TO BID ON SURPLUS PROPERLY AS PROVIDED IN THE IFB, SHUEY AIRCRAFT COULD NOT PROPERLY FURNISH SURPLUS MATERIAL UNDER ANY AWARD MADE TO IT UNDER THE IFB. WE THEREFORE HAVE CONCLUDED THAT SHUEY AIRCRAFT IS ELIGIBLE FOR AWARD UNDER ITS LETTER BID.