B-180164, MAR 12, 1974

B-180164: Mar 12, 1974

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SEE ASPR 2-404.5 TO GOLDEN GATE DISPOSAL COMPANY: INVITATION FOR BIDS (IFB) DAKF01-74-B-0006 WAS ISSUED SEPTEMBER 4. WHICHEVER IS MOST ADVANTAGEOUS TO THE GOVERNMENT. BIDS WERE RECEIVED FROM FOUR FIRMS. THE STANDING WAS AS FOLLOWS: GOLDEN GATE BAY CITIES U.S. EAGLE WAS APPENDED TO A LETTER DATED OCTOBER 17. A CONTRACT WAS AWARDED TO U.S. EAGLE FOR SCHEDULE A AND C SINCE THAT FIRM WAS THE EVALUATED LOW BIDDER UNDER EACH OF THOSE SCHEDULES. AN AWARD FOR SCHEDULE B WAS EXECUTED WITH BAY CITIES. EAGLE WAS NONRESPONSIVE IN THAT ITS BID ON SCHEDULE C WAS MADE DEPENDENT UPON AWARD UNDER SCHEDULE A. IT ALLEGES THAT HAD IT BEEN NOTIFIED THAT SUCH BIDS WERE AUTHORIZED. IT WOULD HAVE SUBMITTED A MORE FAVORABLE BID.

B-180164, MAR 12, 1974

STIPULATION IN BID THAT AWARD WOULD ONLY BE ACCEPTED ON SPECIFIED GROUP OF ITEMS DOES NOT RENDER BID NONRESPONSIVE TO PROVISION OF IFB PERMITTING MULTIPLE AWARDS SINCE INVITATION DID NOT PRECLUDE BIDDERS FROM SUBMITTING "ALL OR NONE" BIDS OR INCLUDING SUCH STIPULATIONS IN THEIR BIDS. SEE ASPR 2-404.5

TO GOLDEN GATE DISPOSAL COMPANY:

INVITATION FOR BIDS (IFB) DAKF01-74-B-0006 WAS ISSUED SEPTEMBER 4, 1973 BY THE DEPARTMENT OF THE ARMY, DIO, PROCUREMENT DIVISION, PRESIDIO OF SAN FRANCISCO, CALIFORNIA FOR REFUSE COLLECTION AT PRESIDIO OF SAN FRANCISCO, LETTERMAN ARMY MEDICAL CENTER, AND FORTS BAKER, BARRY, CRONKHITE AND MASON.

THE IFB CONTAINED THREE SCHEDULES:

SCHEDULE A - PRESIDIO OF SAN FRANCISCO

SCHEDULE B - FORTS BAKER, BARRY & CRONKHITE

SCHEDULE C - FORT MASON

SECTION D OF THE IFB STIPULATED THAT THE SCHEDULES MAY BE AWARDED SEPARATELY OR TOGETHER, WHICHEVER IS MOST ADVANTAGEOUS TO THE GOVERNMENT, PRICE AND OTHER FACTORS CONSIDERED, AND THAT BIDS WOULD BE EVALUATED ON THE BASIS OF ADVANTAGES OR DISADVANTAGES TO THE GOVERNMENT THAT MIGHT RESULT FROM MAKING MORE THAN ONE AWARD.

ON OCTOBER 17, 1973, BIDS WERE RECEIVED FROM FOUR FIRMS. AFTER EVALUATION OF BIDS, THE STANDING WAS AS FOLLOWS:

GOLDEN GATE BAY CITIES U.S. EAGLE SUNSET

DISPOSAL REFUSE SCAVENGER

SCHEDULE A $259,095.00 $259,990.20 $252,498.60 $311,247.00

SCHEDULE B 34,839.00 31,281.00 NO BID 36,001.20

SCHEDULE C 10,768.80 11,116.80 8,857.80 13,251.60

TOTAL $304,702.80 $302,388.00 $261,356.40* $360,499.80

* INCLUDES EVALUATION OF DISCOUNT OFFERED.

THE BID SUBMITTED BY U.S. EAGLE WAS APPENDED TO A LETTER DATED OCTOBER 17, 1973, STATING THAT IT DID NOT WISH TO ACCEPT AN AWARD UNDER SCHEDULE C UNLESS IT RECEIVED AN AWARD UNDER SCHEDULE A. ON THE BASIS OF THE REFERENCED PROVISIONS OF SECTION D, A CONTRACT WAS AWARDED TO U.S. EAGLE FOR SCHEDULE A AND C SINCE THAT FIRM WAS THE EVALUATED LOW BIDDER UNDER EACH OF THOSE SCHEDULES. AN AWARD FOR SCHEDULE B WAS EXECUTED WITH BAY CITIES, THE LOW BIDDER THEREUNDER.

GOLDEN GATE HAS PROTESTED THAT THE BID OF U.S. EAGLE WAS NONRESPONSIVE IN THAT ITS BID ON SCHEDULE C WAS MADE DEPENDENT UPON AWARD UNDER SCHEDULE A. IT ALLEGES THAT HAD IT BEEN NOTIFIED THAT SUCH BIDS WERE AUTHORIZED, IT WOULD HAVE SUBMITTED A MORE FAVORABLE BID.

WHERE AN IFB FAILS TO PROVIDE THAT "ALL OR NONE" BIDS WILL BE CONSIDERED NONRESPONSIVE, WE HAVE HELD THAT SUCH A BID IS RESPONSIVE AND PROPER FOR ACCEPTANCE IF LOW. SEE 42 COMP. GEN. 748 (1963) AND CASES CITED THEREIN. THE INSTANT IFB DID NOT PRECLUDE THE SUBMISSION OF BIDS SUCH AS THE ONE SUBMITTED BY U.S. EAGLE. IN THIS CONNECTION, ASPR 2-404.5, ENTITLED "ALL OR NONE QUALIFICATIONS" SPECIFIES IN PERTINENT PART THAT:

"UNLESS THE INVITATION FOR BIDS SO PROVIDES, A BID IS NOT RENDERED NONRESPONSIVE BY THE FACT THAT THE BIDDER SPECIFIES THAT AWARD WILL BE ACCEPTED ONLY ON ALL, OR A SPECIFIED GROUP, OF THE ITEMS INCLUDED IN THE INVITATION FOR BIDS. ***"

THEREFORE, WE DO NOT FIND THAT THE LOW BID OF U.S. EAGLE WAS NONRESPONSIVE TO THE IFB AWARD PROVISION. ACCORDINGLY, THE PROTEST IS DENIED.