B-180948(2), MAY 17, 1974

B-180948(2): May 17, 1974

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WHITE: ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF THE CAMBRIDGE FILTER CORPORATION AGAINST THE AWARD OF A CONTRACT TO MR. WE NOTICED THAT NO REQUIRED DELIVERY DATE WAS STATED IN THE IFB. THE PROVISION WAS LEFT BLANK FOR EACH BIDDER TO FILL IN AS IT CHOSE. FEDERAL PROCUREMENT REGULATIONS (FPR) 1-1.316-2(A) PROVIDES IN PART "THE TIME OF A DELIVERY OR OF PERFORMANCE IS AN IMPORTANT ELEMENT OF A CONTRACT AND MUST BE CLEARLY SET FORTH IN INVITATIONS FOR BIDS AND REQUESTS FOR PROPOSALS. ***" SEE ALSO 51 COMP. WE ALSO NOTE THAT WHILE BIDDERS WERE REQUIRED TO STATE THE MANUFACTURER'S NAME AND CATALOG NUMBER OF THE PROPOSED AIR FILTERS. WE TRUST THAT APPROPRIATE REMEDIAL STEPS WILL BE APPLIED TO FUTURE PROCUREMENTS.

B-180948(2), MAY 17, 1974

PRECIS-UNAVAILABLE

TO MR. GEORGE M. WHITE:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF THE CAMBRIDGE FILTER CORPORATION AGAINST THE AWARD OF A CONTRACT TO MR. CARL J. ZELLER UNDER INVITATION FOR BIDS (IFB) 7449 FOR HIGH EFFICIENCY AIR FILTERS.

IN THE COURSE OF OUR REVIEW OF THE MATTER, WE NOTICED THAT NO REQUIRED DELIVERY DATE WAS STATED IN THE IFB. RATHER, THE PROVISION WAS LEFT BLANK FOR EACH BIDDER TO FILL IN AS IT CHOSE. IN THIS REGARD, FEDERAL PROCUREMENT REGULATIONS (FPR) 1-1.316-2(A) PROVIDES IN PART "THE TIME OF A DELIVERY OR OF PERFORMANCE IS AN IMPORTANT ELEMENT OF A CONTRACT AND MUST BE CLEARLY SET FORTH IN INVITATIONS FOR BIDS AND REQUESTS FOR PROPOSALS. ***" SEE ALSO 51 COMP. GEN. 518, 521 (1972).

WE ALSO NOTE THAT WHILE BIDDERS WERE REQUIRED TO STATE THE MANUFACTURER'S NAME AND CATALOG NUMBER OF THE PROPOSED AIR FILTERS, THE IFB CONTAINED NO REQUIREMENT THAT DESCRIPTIVE LITERATURE BE SUBMITTED WITH THE BID. SEE, IN THIS REGARD, FPR 1-2.202-5.

WE TRUST THAT APPROPRIATE REMEDIAL STEPS WILL BE APPLIED TO FUTURE PROCUREMENTS.