B-173837, NOV 24, 1971
Highlights
SINCE IT WAS CLEAR THAT THE SPECIFICATIONS CALLED FOR KIRSCH HARDWARE. IT WOULD HAVE BEEN MORE APPROPRIATE FOR PROTESTANT TO RAISE THIS QUESTION BEFORE BID OPENING. AS PROTESTANT WAS LOW BIDDER AND WAS PRECLUDED FROM RECEIVING AN AWARD BECAUSE OF FAILURE TO ACKNOWLEDGE A MATERIAL AMENDMENT TO THE SPECIFICATIONS. SHE WAS NOT UNDULY PREJUDICED BY THE RESTRICTIVE REQUIREMENT. TO MISS KAY BRADY: REFERENCE IS MADE TO YOUR TELEGRAM DATED OCTOBER 21. HELD THAT YOUR BID WAS PROPERLY REJECTED AS BEING NONRESPONSIVE BECAUSE YOU FAILED TO ACKNOWLEDGE AN AMENDMENT TO THE IFB. YOU PROTESTED FOR THE FIRST TIME THAT THE INVITATION WAS INVALID BECAUSE IT WAS RESTRICTED TO KIRSCH DRAPERY HARDWARE AND THAT THE PROCUREMENT SHOULD THEREFORE BE RESOLICITED.
B-173837, NOV 24, 1971
BID PROTEST - RESTRICTIVE SPECIFICATION AS NONPREJUDICIAL DECISION DENYING RENEWED PROTEST BY MS. KAY BRADY AGAINST REJECTION OF HER BID AS NONRESPONSIVE TO AN IFB ISSUED BY THE GENERAL SERVICES ADMINISTRATION, ATLANTA, GA., FOR FURNISHING AND INSTALLING DRAPERIES AND ACCESSORY HARDWARE IN THE BARRACKS FOR ENLISTED MEN AT THE U.S. NAVY CONSTRUCTION BATTALION CENTER, GULFPORT, MISS. SINCE IT WAS CLEAR THAT THE SPECIFICATIONS CALLED FOR KIRSCH HARDWARE, IT WOULD HAVE BEEN MORE APPROPRIATE FOR PROTESTANT TO RAISE THIS QUESTION BEFORE BID OPENING. HOWEVER, AS PROTESTANT WAS LOW BIDDER AND WAS PRECLUDED FROM RECEIVING AN AWARD BECAUSE OF FAILURE TO ACKNOWLEDGE A MATERIAL AMENDMENT TO THE SPECIFICATIONS, SHE WAS NOT UNDULY PREJUDICED BY THE RESTRICTIVE REQUIREMENT.
TO MISS KAY BRADY:
REFERENCE IS MADE TO YOUR TELEGRAM DATED OCTOBER 21, 1971, SETTING FORTH A NEW BASIS FOR PROTEST UNDER INVITATION FOR BIDS NO. 4PN-B-77575 1, ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA), ATLANTA, GEORGIA, FOR FURNISHING AND INSTALLING DRAPERIES AND ACCESSORY HARDWARE IN THE BARRACKS FOR ENLISTED MEN AT THE U.S. NAVY CONSTRUCTION BATTALION CENTER, GULFPORT, MISSISSIPPI.
IN OUR DECISION TO YOU OF OCTOBER 18, 1971, WE DENIED YOUR PROTEST AGAINST THE REJECTION OF YOUR LOW BID UNDER THE SUBJECT INVITATION. HELD THAT YOUR BID WAS PROPERLY REJECTED AS BEING NONRESPONSIVE BECAUSE YOU FAILED TO ACKNOWLEDGE AN AMENDMENT TO THE IFB. IN YOUR TELEGRAM OF OCTOBER 21, 1971, YOU PROTESTED FOR THE FIRST TIME THAT THE INVITATION WAS INVALID BECAUSE IT WAS RESTRICTED TO KIRSCH DRAPERY HARDWARE AND THAT THE PROCUREMENT SHOULD THEREFORE BE RESOLICITED.
GSA HAS ACKNOWLEDGED INFORMALLY THAT THE DRAPERY HARDWARE REQUIREMENT WAS RESTRICTIVE AND THAT CORRECTIVE ACTION WILL BE TAKEN TO PRECLUDE RECURRENCE OF THE SITUATION IN FUTURE PROCUREMENTS. IN ANY EVENT, SINCE IT WAS CLEAR THAT THE SPECIFICATIONS CALLED FOR KIRSCH HARDWARE, IT WOULD HAVE BEEN MORE APPROPRIATE FOR YOU TO OBJECT TO THIS REQUIREMENT PRIOR TO THE OPENING OF BIDS. HOWEVER, AS YOU WERE THE LOW BIDDER ON THE PROCUREMENT AND WERE ONLY PRECLUDED FROM RECEIVING AN AWARD BECAUSE OF THE FAILURE TO ACKNOWLEDGE A MATERIAL AMENDMENT OF THE SPECIFICATIONS, YOU WERE NOT PREJUDICED BY THE HARDWARE REQUIREMENT IN THE IMMEDIATE PROCUREMENT. THEREFORE, AS ALL BIDDERS COMPETED ON THE SAME BASIS WITHOUT OBJECTION TO THE SPECIFICATION AND AS AWARD HAS BEEN MADE AND DELIVERY IS EXPECTED SHORTLY, OUR OFFICE WILL NOT DISTURB THE AWARD.
ACCORDINGLY, YOUR PROTEST IS DENIED.