B-174252(2), DEC 7, 1971

B-174252(2): Dec 7, 1971

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WERE FOUND BY THE CONTRACTING OFFICER TO BE MATERIAL DEVIATIONS FROM THE SPECIFICATIONS. THE BIDS WERE THEREBY NONRESPONSIVE AND WERE PROPERLY REJECTED AS PROVIDED UNDER ASPR 2 404.2(A). INCORPORATED: REFERENCE IS MADE TO YOUR TELEGRAM OF OCTOBER 21. WE HAVE BEEN NOTIFIED BY THE DEPARTMENT OF THE ARMY THAT THE IFB HAS BEEN CANCELLED AS A RESULT OF A DETERMINATION THAT ALL BIDS WERE NONRESPONSIVE. WHILE THIS ACTION IS NOT ENTIRELY DISPOSITIVE OF YOUR PROTEST AS OUTLINED IN YOUR LETTER OF NOVEMBER 3. YOU STATE IN YOUR LETTER THAT THERE WERE "DISCREPANCIES BY EVERY ONE OF THE BIDDERS" AND THEREFORE THE "DISCREPANCIES SHOULD BE WAIVED AND THE CONTRACT AWARDED TO THE LOW BIDDER.". WERE FOUND BY THE CONTRACTING OFFICER TO BE MATERIAL DEVIATIONS FROM THE SPECIFICATIONS.

B-174252(2), DEC 7, 1971

BID PROTEST - NONRESPONSIVE BIDS - USE OF DESCRIPTIVE LITERATURE DECISION SUSTAINING THE ACTION OF THE CONTRACTING OFFICER IN REJECTING AS NONRESPONSIVE ALL BIDS RECEIVED UNDER AN IFB ISSUED BY THE U.S. ARMY ENGINEER DISTRICT, SEATTLE, WASH., FOR A MATERIALS HANDLING SYSTEM. SINCE THE DISCREPANCIES, AS EVIDENCED BY DESCRIPTIVE DATA ACCOMPANYING THE BIDS, WERE FOUND BY THE CONTRACTING OFFICER TO BE MATERIAL DEVIATIONS FROM THE SPECIFICATIONS, THE BIDS WERE THEREBY NONRESPONSIVE AND WERE PROPERLY REJECTED AS PROVIDED UNDER ASPR 2 404.2(A).

TO NAVIGATE, INCORPORATED:

REFERENCE IS MADE TO YOUR TELEGRAM OF OCTOBER 21, 1971, AND SUBSEQUENT CORRESPONDENCE PROTESTING AGAINST AWARD OF A CONTRACT UNDER INVITATION FOR BIDS NO. DACA67-71-B-0013, ISSUED BY THE UNITED STATES ARMY ENGINEER DISTRICT, SEATTLE, WASHINGTON, FOR A MATERIALS HANDLING SYSTEM.

WE HAVE BEEN NOTIFIED BY THE DEPARTMENT OF THE ARMY THAT THE IFB HAS BEEN CANCELLED AS A RESULT OF A DETERMINATION THAT ALL BIDS WERE NONRESPONSIVE.

WHILE THIS ACTION IS NOT ENTIRELY DISPOSITIVE OF YOUR PROTEST AS OUTLINED IN YOUR LETTER OF NOVEMBER 3, 1971, WE BELIEVE THE CORPS ACTED APPROPRIATELY UNDER THE CIRCUMSTANCES. YOU STATE IN YOUR LETTER THAT THERE WERE "DISCREPANCIES BY EVERY ONE OF THE BIDDERS" AND THEREFORE THE "DISCREPANCIES SHOULD BE WAIVED AND THE CONTRACT AWARDED TO THE LOW BIDDER." HOWEVER, THE DISCREPANCIES, AS EVIDENCED BY DESCRIPTIVE DATA ACCOMPANYING THE BIDS, WERE FOUND BY THE CONTRACTING OFFICER TO BE MATERIAL DEVIATIONS FROM THE SPECIFICATIONS, THEREBY RENDERING THE BIDS NONRESPONSIVE. YOUR BID WAS CONSIDERED NONRESPONSIVE BECAUSE OF VARIOUS TECHNICAL DEFICIENCIES AND PARTICULARLY BECAUSE YOU DID NOT MEET THE SPECIFIC REQUIREMENTS FOR THE OVERHEAD POWER AND FREE CONVEYOR. WHEN BIDS ARE FOUND TO BE NONRESPONSIVE, IT IS THE DUTY OF THE CONTRACTING OFFICER, UNDER ASPR 2-404.2(A), TO REJECT THEM. ONLY MINOR INFORMALITIES, WHICH ARE CLEARLY NOT THE TYPE OF DISCREPANCIES INVOLVED IN THIS PROCUREMENT, MAY BE WAIVED PURSUANT TO ASPR 2-405.

IN VIEW OF THE BROAD DISCRETION VESTED IN THE CONTRACTING OFFICER TO REJECT ALL BIDS, WE FIND NO BASIS TO QUESTION THE CONTRACTING OFFICER'S ACTION IN THIS CASE.

YOUR PROTEST MUST THEREFORE BE DENIED.