B-177871, MAY 14, 1973

B-177871, MAY 14, 1973

DECISION DENYING PROTEST AGAINST REJECTION OF BID UNDER F33601-73-B 0162, ISSUED BY DEPARTMENT OF AIR FORCE, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

TO CONTRACT MAINTENANCE, INC.:

REFERENCE IS MADE TO YOUR TELEGRAMS OF JANUARY 23 AND 26, 1973, AND TO A TELEGRAM OF MARCH 28, 1973, FROM YOUR ATTORNEY, PROTESTING THE REJECTION OF YOUR LOW BID UNDER INVITATION FOR BIDS (IFB) F33601-73-B 0162, ISSUED DECEMBER 18, 1972, BY THE DEPARTMENT OF THE AIR FORCE, BASE PROCUREMENT BRANCH, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

THE RECORD SHOWS THAT YOUR LOW BID WAS REJECTED BECAUSE NO SIGNATURE (EITHER MANUAL, TYPEWRITTEN, PRINTED OR STAMPED) APPEARED IN BLOCK 19 OF YOUR BID, ENTITLED "SIGNATURE." ALSO, THERE IS NO EVIDENCE THAT YOU HAD ADOPTED SOME OTHER METHOD OF EXECUTING YOUR BID, AND NO OTHER MATERIAL ACCOMPANIED THE BID TO ESTABLISH YOUR INTENTION TO BE LEGALLY BOUND THEREBY.

YOU CONTEND THAT SINCE THE WORDS "ERNEST ROMAN, PRESIDENT" WERE TYPEWRITTEN IN BLOCK 18, ENTITLED "NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER," THE OMISSION OF A SIGNATURE IN BLOCK 19 SHOULD BE WAIVED AS A MINOR INFORMALITY PURSUANT TO ARMED SERVICES PROCUREMENT REGULATION (ASPR) 2-405. IT APPEARS TO BE YOUR VIEW THAT THE WORDS APPEARING IN BLOCK 18 WERE SUFFICIENT TO CONSTITUTE AN EXECUTION OF THE DOCUMENT BY TYPEWRITTEN SIGNATURE EVEN THOUGH THE WORDS WERE NOT INSERTED IN THE "SIGNATURE" BLOCK (BLOCK 19). IN THIS CONNECTION, YOU POINT OUT THAT ASPR 2-405 PROVIDES FOR WAIVER OF A BIDDER'S FAILURE TO SIGN HIS BID IF THE FIRM HAS FORMALLY ADOPTED THE EXECUTION OF DOCUMENTS BY TYPEWRITTEN SIGNATURE AND SUBMITS EVIDENCE OF SUCH AN AUTHORIZATION. YOUR TELEGRAM OF JANUARY 26, 1973, STATES THAT SUCH AUTHORIZATION WAS ADOPTED AT A BOARD OF DIRECTORS MEETING OF YOUR FIRM ON MAY 14, 1970, AND THAT YOU WERE SENDING A CERTIFIED COPY OF THE MINUTES OF THAT MEETING.

FINALLY, IT IS ALLEGED THAT SINCE YOUR FIRM WAS AN INCUMBENT CONTRACTOR AT WRIGHT-PATTERSON AIR FORCE BASE, THIS FACT SHOULD SUFFICE TO INDICATE YOUR INTENTION TO BE BOUND BY AN AWARD UNDER THE SUBJECT IFB.

WE ARE UNABLE TO CONCUR WITH YOUR CONTENTIONS THAT THE INSERTION OF THE TYPEWRITTEN NAME IN BLOCK 18 WAS SUFFICIENT TO EXECUTE THE BID DOCUMENT, AND THAT THE ABSENCE OF A NAME IN BLOCK 19 SHOULD BE WAIVED AS A MINOR INFORMALITY.

IT HAS BEEN CONSISTENTLY HELD BY OUR OFFICE THAT, IN THE ABSENCE OF ADDITIONAL EVIDENCE ACCOMPANYING THE BID INDICATING THE BIDDER'S INTENT TO BE BOUND, AN UNSIGNED BID BEARING MERELY A TYPEWRITTEN OR STAMPED NAME IN THE BLOCK SET FORTH FOR THE NAME AND TITLE OF PERSON AUTHORIZED TO SIGN, MAY NOT BE CONSIDERED FOR AWARD FOR LACK OF A CLEAR INDICATION THAT THE BIDDER WOULD BE LEGALLY BOUND BY THE BID AS SUBMITTED. B 157637, OCTOBER 27, 1965; B-169837, MAY 27, 1970; B-169001, MARCH 12, 1970.

WITH REGARD TO YOUR CITATION OF ASPR 2-405, EXAMPLE (III)(A) THEREIN PROVIDES THAT A TYPEWRITTEN SIGNATURE MAY SUFFICE TO EXECUTE AN UNSIGNED BID IF THE FIRM SUBMITTING THE BID HAS FORMALLY ADOPTED OR AUTHORIZED THE EXECUTION OF DOCUMENTS BY TYPEWRITTEN, PRINTED OR RUBBER STAMPED SIGNATURE AND SUBMITS EVIDENCE OF SUCH AUTHORIZATION "AND THE BID CARRIES SUCH A SIGNATURE." WHILE WE HAVE NOT RECEIVED THE CERTIFIED COPY OF THE REFERENCED MINUTES OF THE MEETING ADOPTING SUCH METHOD OF SIGNATURE BY YOUR FIRM, WE DO NOT FIND THAT PARAGRAPH OF ASPR AS PROVIDING A BASIS FOR RELIEF IN THE INSTANT CASE. SINCE NO ENTRY WAS MADE IN THE "SIGNATURE" BLOCK OF YOUR BID, AND SINCE THE ENTRY IN BLOCK 18 WAS APPROPRIATE FOR THAT BLOCK, IT IS OUR VIEW THAT THE BID, AS SUBMITTED, DOES NOT REFLECT A CLEAR INTENT BY YOUR FIRM TO BE BOUND BY THE OFFER SO AS TO EFFECT A BINDING CONTRACT UPON ACCEPTANCE OF THE BID BY THE GOVERNMENT.

IT IS ALSO OUR VIEW THAT YOUR STATUS AS AN INCUMBENT CONTRACTOR DOES NOT PROVIDE A BASIS UPON WHICH YOUR INTENT TO BE BOUND BY THE BID AT HAND MAY BE AFFIRMATIVELY ESTABLISHED. SEE B-157637, SUPRA.

ACCORDINGLY, YOUR PROTEST MUST BE DENIED.