B-164651, NOV. 29, 1968
Highlights
SECRETARY: REFERENCE IS MADE TO THE LETTERS OF AUGUST 2. ENCLOSED IS A COPY OF OUR DECISION OF THIS DATE TO EDWIN INDUSTRIES CORPORATION. WE DIRECT YOUR ATTENTION TO THE FACT THAT THE SECOND BASIS FOR THE PROTEST WAS SUSTAINED BY THIS OFFICE. IT WAS ALSO CLEARLY INDICATED IN BENDIX'S LETTER OF JUNE 4 THAT THE PRICE ON THE BID SCHEDULE WOULD BE CONTROLLING AND THAT THE PRINTED STATEMENT ON THE DESCRIPTIVE LITERATURE WAS SUPERSEDED.'. ASSUME THE CLEAR INDICATION REFERRED TO IS THE STATEMENT IN THE FIRST PARAGRAPH OF THE BENDIX TRANSMITTAL LETTER STATING. "OUR PRICES ARE INDICATED ON THE ATTACHED BID SCHEDULE.'. THIS LATTER STATEMENT IS WITHOUT DOUBT A MATERIAL QUALIFICATION OF THE BID RENDERING IT NONRESPONSIVE.
B-164651, NOV. 29, 1968
TO MR. SECRETARY:
REFERENCE IS MADE TO THE LETTERS OF AUGUST 2, AND SEPTEMBER 26, 1968, SIGNED BY THE DIRECTOR, OFFICE OF PLANT AND OPERATIONS, FURNISHING THIS OFFICE A REPORT ON THE PROTEST BY EDWIN INDUSTRIES CORPORATION AGAINST THE AWARD MADE UNDER INVITATION FOR BIDS NO. 21 1968-9, ISSUED BY THE FOREST SERVICE, BERKELEY, CALIFORNIA, FOR A MAGNETIC TAPE DIGITIZING SYSTEM.
ENCLOSED IS A COPY OF OUR DECISION OF THIS DATE TO EDWIN INDUSTRIES CORPORATION. WE DIRECT YOUR ATTENTION TO THE FACT THAT THE SECOND BASIS FOR THE PROTEST WAS SUSTAINED BY THIS OFFICE.
WE NOTE IN THE MEMORANDUM OF SEPTEMBER 20, 1968, FROM CHIEF, BRANCH OF PROCUREMENT MANAGEMENT, TO CHIEF, CONTRACT AND PROCUREMENT MANAGEMENT DIVISION, WHICH ACCOMPANIED THE REPORT OF SEPTEMBER 26, 1968, THE FOLLOWING STATEMENT AT THE MIDDLE OF PAGE 2:
"IN ADDITION, IT WAS ALSO CLEARLY INDICATED IN BENDIX'S LETTER OF JUNE 4 THAT THE PRICE ON THE BID SCHEDULE WOULD BE CONTROLLING AND THAT THE PRINTED STATEMENT ON THE DESCRIPTIVE LITERATURE WAS SUPERSEDED.' ASSUME THE CLEAR INDICATION REFERRED TO IS THE STATEMENT IN THE FIRST PARAGRAPH OF THE BENDIX TRANSMITTAL LETTER STATING,"OUR PRICES ARE INDICATED ON THE ATTACHED BID SCHEDULE.' WE FIND NOTHING IN THE STATEMENT SUPERSEDING OR EVEN NECESSARILY INCONSISTENT WITH THE RESERVATION ELSEWHERE IN THE BID TO CHANGE THE PRICE AND SPECIFICATIONS WITHOUT NOTICE. THIS LATTER STATEMENT IS WITHOUT DOUBT A MATERIAL QUALIFICATION OF THE BID RENDERING IT NONRESPONSIVE. B-152307, NOVEMBER 20, 1963.
WHILE FOR THE REASONS SET FORTH IN OUR DECISION CANCELLATION WILL NOT BE DIRECTED, WE CANNOT URGE TOO STRONGLY THAT CORRECTIVE ACTION BE TAKEN TO PREVENT THE OCCURRENCE OF SUCH SITUATIONS IN THE FUTURE.