B-144748, APR. 14, 1961

B-144748, APR. 14, 1961

TO NULOCK SUPPLY CO.:

BY LETTER DATED MARCH 30, 1961, YOU REFERRED TO OUR DECISION OF MARCH 29, 1961, WHEREIN WE DENIED YOUR PROTEST AGAINST THE REJECTION OF YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 42-600-61 71 ON THE BASIS THAT IT WAS NONRESPONSIVE TO THE MINIMUM BID ACCEPTANCE PERIOD OF THE INVITATION.

YOU AGAIN CONTEND THAT A 30-DAY BID ACCEPTANCE PERIOD OFFERED BY YOU WAS MORE THAN AMPLE TO EFFECT AN AWARD UNDER THE INVITATION. IN SUPPORT THEREOF, YOU POINT OUT THAT YOU RECEIVED AN AWARD UNDER A SUBSEQUENT INVITATION FOR SIMILAR SUPPLIES 15 DAYS AFTER BIDS WERE OPENED UNDER CIRCUMSTANCES WHERE BIDS AND DESCRIPTIVE LITERATURE WERE EVALUATED WITHIN 15 DAYS AFTER OPENING.

WE ARE NOT INFORMED AS TO THE TERMS GOVERNING THE PERIOD DURING WHICH BIDS REMAINED AVAILABLE FOR ACCEPTANCE UNDER THE LATER INVITATION. THAT AS IT MAY, THE INVITATION CONSIDERED IN OUR DECISION OF MARCH 29, 1961, REQUIRED IN MANDATORY TERMS THAT BIDS, SUCH AS YOURS, WHICH OFFERED LESS THAN 60 DAYS FOR ACCEPTANCE, MUST BE REJECTED AS NONRESPONSIVE. HAVE OFTEN HELD THAT SUCH A MANDATORY REQUIREMENT MAY NOT BE WAIVED OR CORRECTED AFTER BIDS ARE OPENED.

THE FACT THAT BIDS UNDER PARTICULAR INVITATIONS MAY BE EVALUATED AND AWARD MADE BEFORE EXPIRATION OF THE STATED ACCEPTANCE PERIOD IS NOT SIGNIFICANT SINCE THE GOVERNMENT AS A CONTRACTOR IS ENTITLED TO PRESCRIBE REASONABLE CONDITIONS UNDER WHICH BIDS MUST BE SUBMITTED FOR CONSIDERATION. THE BID ACCEPTANCE PERIOD STATED IN THE INVITATION OR INVITATIONS REPRESENTS ONLY AN ESTIMATE OF THE TIME REQUIRED BY THE GOVERNMENT TO EFFECTUATE A LEGAL AND BINDING AWARD. THE GOVERNMENT IS NOT LEGALLY REQUIRED TO MAKE AN AWARD ON ANY PARTICULAR DAY FALLING WITHIN THE BID ACCEPTANCE PERIOD, BUT ONLY TO MAKE AN AWARD TO A RESPONSIVE BIDDER WITHIN THE ACCEPTANCE PERIOD SPECIFIED IN THE INVITATION AND CONFORMING BIDS.