B-182992(2), MAY 29, 1975

B-182992(2): May 29, 1975

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ENCLOSED IS A COPY OF OUR DECISION OF TODAY CONCLUDING THAT ALL THE BIDS ARE NONRESPONSIVE AND RECOMMENDING THAT BEFORE THE PROCUREMENT IS RESOLICITED THE SPECIFICATIONS BE REVIEWED WITH A VIEW TOWARD AMENDING THEM SO AS TO ALLOW A TWO-CYCLE ENGINE TO BE OFFERED. WE HAVE HELD THAT THIS OPEN-ENDED DELIVERY PROVISION IS OBJECTIONABLE BECAUSE IT DOES NOT PROVIDE A DEFINITE STANDARD AGAINST WHICH ALL BIDDERS CAN BE MEASURED OR ON WHICH ALL BIDS CAN BE BASED. 51 COMP. WE WOULD APPRECIATE ADVICE OF WHATEVER ACTION IS TAKEN ON OUR RECOMMENDATIONS.

B-182992(2), MAY 29, 1975

PRECIS-UNAVAILABLE

TO THE ATTORNEY GENERAL:

WE REFER TO A LETTER DATED FEBRUARY 4, 1975, FROM THE REGIONAL DIRECTOR, KANSAS CITY REGIONAL OFFICE, BUREAU OF PRISONS, FURNISHING A REPORT IN CONNECTION WITH A PROTEST BY DOBBS DETROIT DIESEL, INC., AGAINST THE REJECTION OF ITS BID SUBMITTED IN RESPONSE TO IFB 132-8818 L, ISSUED BY THE UNITED STATES PENITENTIARY, LEAVENWORTH, KANSAS.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY CONCLUDING THAT ALL THE BIDS ARE NONRESPONSIVE AND RECOMMENDING THAT BEFORE THE PROCUREMENT IS RESOLICITED THE SPECIFICATIONS BE REVIEWED WITH A VIEW TOWARD AMENDING THEM SO AS TO ALLOW A TWO-CYCLE ENGINE TO BE OFFERED. IN ADDITION, WE NOTE THAT THE DELIVERY CLAUSE ON PAGE 6 OF THE SOLICITATION DID NOT SET ANY DESIRED OR REQUIRED DATE OF DELIVERY BUT MERELY STATED:

"DELIVERY DATE PROPOSED: (DAYS) AFTER RECEIPT OF ORDER."

WE HAVE HELD THAT THIS OPEN-ENDED DELIVERY PROVISION IS OBJECTIONABLE BECAUSE IT DOES NOT PROVIDE A DEFINITE STANDARD AGAINST WHICH ALL BIDDERS CAN BE MEASURED OR ON WHICH ALL BIDS CAN BE BASED. 51 COMP. GEN. 518 (1972). SEE ALSO FEDERAL PROCUREMENT REGULATIONS SEC. 1-1.316 2 (1964 ED.) ACCORDINGLY, WE RECOMMEND THAT IN ANY FUTURE SOLICITATION A DEFINITE DELIVERY TIME BE SPECIFIED.

WE WOULD APPRECIATE ADVICE OF WHATEVER ACTION IS TAKEN ON OUR RECOMMENDATIONS.