B-146064, JUL. 6, 1961
Highlights
TO R-WAY FURNITURE COMPANY: REFERENCE IS MADE TO YOUR TELEGRAM OF JUNE 7. THE BASIS OF YOUR PROTEST IS THAT THE CHROMCRAFT CORPORATION WAS GIVEN AN OPPORTUNITY TO FURNISH DRAWINGS AFTER THE DATE OF OPENING OF BIDS AND THAT ITS BID SHOULD BE DISREGARDED SINCE PARAGRAPH 6.2 OF THE BUREAU OF YARDS AND DOCKS PURCHASE DESCRIPTION. SUITABLE ILLUSTRATIONS SHOWING CLEARLY DEFINED IMPORTANT DETAILS OF THE ITEMS THEY ARE OFFERING ON BID.'. THE QUESTION IS WHETHER THE FAILURE OF THE BIDDER TO SUBMIT THIS DRAWING MAY BE CORRECTED AFTER OPENING OF BIDS AND THE BID AS CORRECTED CONSIDERED IN MAKING AWARD. IT IS TO BE NOTED THAT PARAGRAPH 6.2 OF THE INVITATION CONDITIONS DID NOT STATE THAT BIDDERS FAILING TO SUBMIT DRAWINGS OR ILLUSTRATIONS WOULD HAVE THEIR BIDS REJECTED.
B-146064, JUL. 6, 1961
TO R-WAY FURNITURE COMPANY:
REFERENCE IS MADE TO YOUR TELEGRAM OF JUNE 7, 1961, AND THE COPY OF YOUR LETTER DATED JUNE 8, 1961, TO THE DEPARTMENT OF THE NAVY, PROTESTING THE POSSIBLE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. IFB600-1115-61 ISSUED BY THE U.S. NAVY PURCHASING OFFICE, WASHINGTON, D.C., ON MAY 12, 1961.
THE BASIS OF YOUR PROTEST IS THAT THE CHROMCRAFT CORPORATION WAS GIVEN AN OPPORTUNITY TO FURNISH DRAWINGS AFTER THE DATE OF OPENING OF BIDS AND THAT ITS BID SHOULD BE DISREGARDED SINCE PARAGRAPH 6.2 OF THE BUREAU OF YARDS AND DOCKS PURCHASE DESCRIPTION, OCTOBER 10, 1960, MADE A PART OF THE INVITATION PROVIDED THAT "BIDDERS SHALL SUBMIT, WITH THEIR BIDS, SUITABLE ILLUSTRATIONS SHOWING CLEARLY DEFINED IMPORTANT DETAILS OF THE ITEMS THEY ARE OFFERING ON BID.'
THE CHROMCRAFT CORPORATION FAILED TO INCLUDE WITH ITS BID A DRAWING OF THE ARM CHAIRS TO BE FURNISHED UNDER ITEMS 5, 11, 17 AND 22 OF THE INVITATION AND THE CONTRACTING OFFICER, AFTER OPENING OF BIDS, ASKED IT FOR THE DRAWING OF THE ARM CHAIRS. THE QUESTION IS WHETHER THE FAILURE OF THE BIDDER TO SUBMIT THIS DRAWING MAY BE CORRECTED AFTER OPENING OF BIDS AND THE BID AS CORRECTED CONSIDERED IN MAKING AWARD.
IT IS TO BE NOTED THAT PARAGRAPH 6.2 OF THE INVITATION CONDITIONS DID NOT STATE THAT BIDDERS FAILING TO SUBMIT DRAWINGS OR ILLUSTRATIONS WOULD HAVE THEIR BIDS REJECTED. CHROMCRAFT HAD PLACED A STATEMENT ON ITS BID WHICH READ "ALL ITEMS BID TO GOVERNMENT SPECIFICATION.' CONSEQUENTLY, IF THE GOVERNMENT HAD ELECTED, IMMEDIATELY AFTER OPENING OF BIDS, TO AWARD THE CONTRACT TO CHROMCRAFT, THE CONTRACTOR WOULD HAVE HAD NO CHOICE IN THE MATTER BUT TO ACCEPT THE AWARD AND PERFORM THE CONTRACT OR IT WOULD HAVE BEEN LIABLE FOR EXCESS COSTS, IF ANY, INCURRED BY THE GOVERNMENT IN PURCHASING THE FURNITURE ELSEWHERE. THUS, CHROMCRAFT OBTAINED NO ADVANTAGE OVER OTHER BIDDERS BY ITS FAILURE TO FURNISH THE DRAWINGS WITH ITS BID BECAUSE WHATEVER CHOICE THERE EXISTS IN LETTING THE CONTRACT IS IN THE GOVERNMENT. SEE 39 COMP. GEN. 684, 691, AND 37 ID. 143, 146.
ACCORDINGLY, WE MUST CONCLUDE THAT YOU HAVE NOT PRESENTED ANY VALID REASONS FOR OBJECTING TO AN AWARD TO CHROMCRAFT, IF ITS BID IS OTHERWISE RESPONSIVE.