Skip to main content

B-224927, OCT 23, 1986, 86-2 CPD 450

B-224927 Oct 23, 1986
Jump To:
Skip to Highlights

Highlights

ATD'S BID WAS REJECTED BECAUSE IT DID NOT INCLUDE DESCRIPTIVE LITERATURE. IT DID NOT SUBMIT ANY LITERATURE BECAUSE THE REQUIREMENT WAS INAPPROPRIATE SINCE THE SPECIFICATIONS CLEARLY DESCRIBED THE DESIRED PRODUCTS AND DESCRIPTIVE LITERATURE WOULD ONLY DUPLICATE THE SPECIFICATIONS. A BID SUBMITTED WITHOUT THE NECESSARY DESCRIPTIVE LITERATURE IS NONRESPONSIVE AND MUST BE REJECTED. WE BELIEVE THAT ARMY'S REJECTION OF ATD'S BID WAS PROPER. IT SHOULD HAVE PROTESTED THE MATTER PRIOR TO BID OPENING. 4 C.F.R. MAINTENANCE OF THE COMPETITIVE SEALED BIDDING PROCEDURE REQUIRED BY LAW IS MORE IN THE PUBLIC INTEREST THAN OBTAINING A PECUNIARY ADVANTAGE IN A PARTICULAR CASE BY VIOLATION OF THE RULES. THE PROTEST IS DISMISSED.

View Decision

B-224927, OCT 23, 1986, 86-2 CPD 450

PROCUREMENT - SEALED BIDDING - BIDS - RESPONSIVENESS - DESCRIPTIVE LITERATURE - ABSENCE DIGEST: BIDDER'S FAILURE TO FURNISH DESCRIPTIVE LITERATURE WITH ITS BID AS REQUIRED BY THE SOLICITATION RENDERS THE BID NONRESPONSIVE.

ATD-AMERICAN CO.:

ATD-AMERICAN CO. PROTESTS THE AWARD OF A CONTRACT TO ANOTHER FIRM UNDER SOLICITATION NO. NAF86-B-0007, ISSUED AT FORT BELVOIR, VIRGINIA, FOR SHEETS, PILLOW CASES, TOWELS, MATS, WASHCLOTHS, AND SHOWER CURTAINS FOR BACHELOR HOUSING. ATD'S BID WAS REJECTED BECAUSE IT DID NOT INCLUDE DESCRIPTIVE LITERATURE.

WE DISMISS THE PROTEST.

ATD CONTEND THAT EVEN THOUGH THE SOLICITATION REQUESTED DESCRIPTIVE LITERATURE, IT DID NOT SUBMIT ANY LITERATURE BECAUSE THE REQUIREMENT WAS INAPPROPRIATE SINCE THE SPECIFICATIONS CLEARLY DESCRIBED THE DESIRED PRODUCTS AND DESCRIPTIVE LITERATURE WOULD ONLY DUPLICATE THE SPECIFICATIONS.

WHERE A SOLICITATION REQUESTS THAT BIDDERS FURNISH DESCRIPTIVE LITERATURE, A BID SUBMITTED WITHOUT THE NECESSARY DESCRIPTIVE LITERATURE IS NONRESPONSIVE AND MUST BE REJECTED. MILLER SPREADER CO., B-215467, JULY 23, 1984, 84-2 CPD PARA. 89; JOHN C. DORSEY, INC., B-212789, SEPT. 20, 1983, 83-2 CPD PARA. 350. THEREFORE, WE BELIEVE THAT ARMY'S REJECTION OF ATD'S BID WAS PROPER. FURTHER, IF ATD WISHED TO OBJECT TO THE INCLUSION OF THE REQUIREMENT FOR LITERATURE IN THE SOLICITATION, IT SHOULD HAVE PROTESTED THE MATTER PRIOR TO BID OPENING. 4 C.F.R. SEC. 21.2(A) (1986).

ATD ARGUES THAT THE $5,725.30 DIFFERENCE BETWEEN ITS PRICE AND THE AWARDEE'S PRICE SHOULD BE CONSIDERED. WE DISAGREE. NONRESPONSIVE BIDS MAY NOT BE CONSIDERED. MAINTENANCE OF THE COMPETITIVE SEALED BIDDING PROCEDURE REQUIRED BY LAW IS MORE IN THE PUBLIC INTEREST THAN OBTAINING A PECUNIARY ADVANTAGE IN A PARTICULAR CASE BY VIOLATION OF THE RULES. ROCKY MOUNTAIN TRADING CO., B-221060, JAN. 24, 1986, 86-1 CPD PARA. 88.

THE PROTEST IS DISMISSED.

GAO Contacts

Office of Public Affairs