B-206103, FEB 4, 1982

B-206103: Feb 4, 1982

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A BID WHICH SPECIFIES THAT DELIVERY WILL BE F.O.B. ORIGIN IS NONRESPONSIVE AND MAY NOT BE CORRECTED. WHILE JAMBOR'S BID SPECIFIED THAT "FOB POINT WILL TAKE PLACE AT J.JAMBOR.". JAMBOR ALLEGES THAT INCLUSION OF THIS TERM WAS A CLERICAL MISTAKE. WHICH THE CONTRACTING OFFICER SHOULD HAVE CORRECTED PURSUANT TO DEFENSE ACQUISITION REGULATION SEC. 2-406 (1976 ED.). JAMBOR'S BID WAS MADE ON AN F.O.B. A BID WHICH SPECIFIES THAT DELIVERY WILL BE F.O.B. ORIGIN IS NONRESPONSIVE. THIS IS THE CASE EVEN WHERE THE BIDDER ALLEGES THAT THE INCORRECT DELIVERY TERM WAS INCLUDED THROUGH CLERICAL ERROR. IT IS APPARENT FROM THE PROTESTER'S INITIAL SUBMISSION THAT THE CONTRACTING OFFICER CORRECTLY REJECTED THE BID AS NONRESPONSIVE.

B-206103, FEB 4, 1982

DIGEST: WHERE A SOLICITATION REQUIRES THAT BIDS BE MADE ON AN F.O.B. DESTINATION BASIS, A BID WHICH SPECIFIES THAT DELIVERY WILL BE F.O.B. ORIGIN IS NONRESPONSIVE AND MAY NOT BE CORRECTED.

J.JAMBOR MANUFACTURING, INC.:

J.JAMBOR MANUFACTURING, INC. (JAMBOR), PROTESTS ANY AWARD OF A CONTRACT BY THE U. S. ARMY ARMAMENT MATERIEL READINESS COMMAND UNDER INVITATION FOR BIDS (IFB) NO. DAAA09-82-B-0031. ACCORDING TO JAMBOR, THE SOLICITATION REQUIRED THAT DELIVERY BE F.O.B. DESTINATION, WHILE JAMBOR'S BID SPECIFIED THAT "FOB POINT WILL TAKE PLACE AT J.JAMBOR." JAMBOR ALLEGES THAT INCLUSION OF THIS TERM WAS A CLERICAL MISTAKE, WHICH THE CONTRACTING OFFICER SHOULD HAVE CORRECTED PURSUANT TO DEFENSE ACQUISITION REGULATION SEC. 2-406 (1976 ED.). WE SUMMARILY DENY THE PROTEST.

JAMBOR'S BID WAS MADE ON AN F.O.B. ORIGIN BASIS. WHERE A SOLICITATION REQUIRES THAT BIDS BE MADE ON AN F.O.B. DESTINATION BASIS, A BID WHICH SPECIFIES THAT DELIVERY WILL BE F.O.B. ORIGIN IS NONRESPONSIVE. BARBER- COLMAN COMPANY, B-203132, AUGUST 11, 1981, 81-2 CPD 122. THIS IS THE CASE EVEN WHERE THE BIDDER ALLEGES THAT THE INCORRECT DELIVERY TERM WAS INCLUDED THROUGH CLERICAL ERROR. ID. NONRESPONSIVENESS MAY NOT BE CURED THROUGH MISTAKE-IN-BID CORRECTION PROCEDURES. SPERRY-UNIVAC, JANUARY 22, 1981, 81-1 CPD 38.

IT IS APPARENT FROM THE PROTESTER'S INITIAL SUBMISSION THAT THE CONTRACTING OFFICER CORRECTLY REJECTED THE BID AS NONRESPONSIVE. ACCORDINGLY, WE SUMMARILY DENY THE PROTEST.

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