B-210114, JAN 4, 1983
Highlights
DIGEST: BID WHICH DOES NOT CONFORM TO THE DELIVERY SCHEDULE REQUIRED IN THE INVITATION FOR BIDS IS NONRESPONSIVE AND MAY NOT BE AMENDED AFTER BID OPENING TO MAKE IT RESPONSIVE. PROPOSED DELIVERY OF THE ENTIRE ORDER 210 DAYS AFTER AWARD AND WAS REJECTED. ARVIE STATES THAT THIS WAS THE RESULT OF A CLERICAL ERROR. THAT IT IS PREPARED TO MEET THE DELIVERY SCHEDULE SET FORTH IN THE INVITATION. OUR OFFICE CONSISTENTLY HAS STATED THAT A BID WHICH DOES NOT CONFORM TO THE REQUIRED DELIVERY DATE IS NONRESPONSIVE UNDER DEFENSE ACQUISITION REGULATION SEC. 2-404.2(C) (1976 ED.). WE AGREE WITH THE ARMY THAT ARVIE'S BID FOR DELIVERY OF THE ENTIRE QUANTITY IN 210 DAYS WAS NONRESPONSIVE AND MAY NOT AT THIS TIME BE AMENDED TO SATISFY THE INVITATION'S DELIVERY REQUIREMENTS.
B-210114, JAN 4, 1983
DIGEST: BID WHICH DOES NOT CONFORM TO THE DELIVERY SCHEDULE REQUIRED IN THE INVITATION FOR BIDS IS NONRESPONSIVE AND MAY NOT BE AMENDED AFTER BID OPENING TO MAKE IT RESPONSIVE.
ARVIE MFG. & SUPPLY CO.:
ARVIE MFG. & SUPPLY CO. PROTESTS THE REJECTION OF ITS BID AS NONRESPONSIVE UNDER INVITATION FOR BIDS NO. DAAE07-82-B-2841, ISSUED BY THE UNITED STATES ARMY TANK-AUTOMOTIVE COMMAND, WARREN, MICHIGAN. WE DENY THE PROTEST.
THE SOLICITATION REQUIRED DELIVERY OF 8,068 WRENCHES WITHIN 180 DAYS AND 8,068 WRENCHES WITHIN 210 DAYS AFTER AWARD. ARVIE'S BID, HOWEVER, PROPOSED DELIVERY OF THE ENTIRE ORDER 210 DAYS AFTER AWARD AND WAS REJECTED. ARVIE STATES THAT THIS WAS THE RESULT OF A CLERICAL ERROR, AND THAT IT IS PREPARED TO MEET THE DELIVERY SCHEDULE SET FORTH IN THE INVITATION.
OUR OFFICE CONSISTENTLY HAS STATED THAT A BID WHICH DOES NOT CONFORM TO THE REQUIRED DELIVERY DATE IS NONRESPONSIVE UNDER DEFENSE ACQUISITION REGULATION SEC. 2-404.2(C) (1976 ED.), AND THE INDICATED DELIVERY DATE MAY NOT BE CORRECTED EVEN THOUGH THE DATE ALLEGEDLY RESULTED FROM CLERICAL ERROR. SEE, E.G., JAY MARITIME AGENCY CORPORATION, B-199768, DECEMBER 29, 1980, 80-2 CPD 443. A NONRESPONSIVE BID MAY NOT BE MADE RESPONSIVE AFTER BID OPENING. GENERAL ELECTRIC COMPANY, B-184873, MAY 4, 1976, 76-1 CPD 298.
CONSEQUENTLY, WE AGREE WITH THE ARMY THAT ARVIE'S BID FOR DELIVERY OF THE ENTIRE QUANTITY IN 210 DAYS WAS NONRESPONSIVE AND MAY NOT AT THIS TIME BE AMENDED TO SATISFY THE INVITATION'S DELIVERY REQUIREMENTS.
THE PROTEST IS SUMMARILY DENIED.