B-139802, SEP. 30, 1959
Highlights
HAYWARD: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 19. THE BID WAS REJECTED BY THE ADMINISTRATIVE OFFICE FOR FAILURE TO SHOW THE GUARANTEED SHIPPING WEIGHT AND CUBIC DISPLACEMENT OF THE ITEMS BID UPON AS REQUIRED BY THE INVITATION AND SUCH ACTION WAS SUSTAINED IN OUR LETTERS TO YOU OF JUNE 18 AND AUGUST 27. IN THE CIRCUMSTANCES THERE IS NO FURTHER APPEAL AVAILABLE TO YOU. STATES AND POLITICAL SUBDIVISIONS THEREOF GENERALLY ARE REQUIRED TO FOLLOW. BIDDERS ARE CONSTANTLY URGED TO EXERCISE CARE IN PREPARING THEIR BIDS IN ORDER THAT ALL BIDS MAY BE CONSIDERED FOR AWARD. "GOVERNMENT RED TAPE" WAS NOT THE CAUSE OF THE REJECTION OF THE BID. RATHER IT WAS YOUR FAILURE TO SUBMIT A COMPLETE BID WHICH PROPERLY COULD BE ACCEPTED.
B-139802, SEP. 30, 1959
TO MR. GEORGE M. HAYWARD:
REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 19, 1959, WITH FURTHER REFERENCE TO THE REJECTION OF YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. CML-04-205-59-11, ISSUED BY THE U.S. ARMY CHEMICAL CORPS DISTRICT, SAN FRANCISCO, CALIFORNIA.
THE BID WAS REJECTED BY THE ADMINISTRATIVE OFFICE FOR FAILURE TO SHOW THE GUARANTEED SHIPPING WEIGHT AND CUBIC DISPLACEMENT OF THE ITEMS BID UPON AS REQUIRED BY THE INVITATION AND SUCH ACTION WAS SUSTAINED IN OUR LETTERS TO YOU OF JUNE 18 AND AUGUST 27, 1959. IN THE CIRCUMSTANCES THERE IS NO FURTHER APPEAL AVAILABLE TO YOU. SEE O-BRIEN V. CARNEY, 6 F.SUPP. 761 AND PERKINS V. LUKENS STEEL COMPANY, 310 U.S. 113.
UNDER THE COMPETITIVE BID SYSTEM WHICH THE UNITED STATES GOVERNMENT, AND STATES AND POLITICAL SUBDIVISIONS THEREOF GENERALLY ARE REQUIRED TO FOLLOW, BIDS MUST BE COMPLETE AT THE TIME SET FOR THE OPENING OF THE BIDS. BIDS MAY NOT BE CHANGED OR MODIFIED AFTER THE OPENING. BIDDERS ARE CONSTANTLY URGED TO EXERCISE CARE IN PREPARING THEIR BIDS IN ORDER THAT ALL BIDS MAY BE CONSIDERED FOR AWARD. "GOVERNMENT RED TAPE" WAS NOT THE CAUSE OF THE REJECTION OF THE BID, RATHER IT WAS YOUR FAILURE TO SUBMIT A COMPLETE BID WHICH PROPERLY COULD BE ACCEPTED. SECTION 2305 (B), TITLE 10, U.S. CODE, EXPRESSLY REQUIRES THAT AWARDS BE MADE TO THE LOWEST RESPONSIBLE BIDDER "WHOSE BID CONFORMS TO THE INVITATION," AND THE GENERAL ACCOUNTING OFFICE HAS NO AUTHORITY TO DISREGARD THIS STATUTORY MANDATE.