B-154560, JUL. 24, 1964
Highlights
TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO A LETTER DATED JUNE 23. GEN. 376 OUR OFFICE TOOK THE POSITION THAT WHEN THE SUBMISSION OF DESCRIPTIVE DATA WITH BIDS IS REGARDED AS MATERIAL BY THE PROCURING AGENCY FOR PURPOSES OF EVALUATION OF RESPONSIVENESS AND IS REQUIRED BY AN INVITATION. WILL PRECLUDE CONSIDERATION OF THE BID AS NOT CONFORMING TO THE INVITATION. IT IS REQUESTED THAT THE CLAUSE BE CLARIFIED AND REVISED TO SET FORTH SUCH A STATEMENT PRIOR TO EMBODIMENT IN ANY FUTURE INVITATION.
B-154560, JUL. 24, 1964
TO THE SECRETARY OF THE NAVY:
REFERENCE IS MADE TO A LETTER DATED JUNE 23, 1964, SIGNED BY THE ACTING ASSISTANT CHIEF FOR PURCHASING, BUREAU OF SUPPLIES AND ACCOUNTS, FORWARDING A REPORT ON THE PROTEST OF GENERAL MICROWAVE CORPORATION AGAINST THE PROPOSED AWARD OF A CONTRACT TO HEWLETT PACKARD COMPANY UNDER INVITATION FOR BIDS NO. 600-551-64 ISSUED ON JANUARY 31, 1964, BY THE NAVY PURCHASING OFFICE, WASHINGTON, D.C. WE ENCLOSE FOR YOUR CONVENIENCE A COPY OF OUR DECISION DENYING THE PROTEST.
IN 36 COMP. GEN. 376 OUR OFFICE TOOK THE POSITION THAT WHEN THE SUBMISSION OF DESCRIPTIVE DATA WITH BIDS IS REGARDED AS MATERIAL BY THE PROCURING AGENCY FOR PURPOSES OF EVALUATION OF RESPONSIVENESS AND IS REQUIRED BY AN INVITATION, A DEFINITE STATEMENT TO THE EFFECT THAT FAILURE TO SUBMIT SUCH MATERIAL WITH A BID, OR FAILURE OF THE MATERIAL SUBMITTED TO COMPLY STRICTLY WITH THE SPECIFICATION REQUIREMENTS, WILL PRECLUDE CONSIDERATION OF THE BID AS NOT CONFORMING TO THE INVITATION, SHOULD BE SET FORTH IN THE INVITATION. THE "DATA REQUIREMENTS" CLAUSE USED IN THE SUBJECT INVITATION LACKED A CLEAR STATEMENT OF THE CONSEQUENCE OF FAILURE TO COMPLY WITH ITS TERMS.
IT IS REQUESTED THAT THE CLAUSE BE CLARIFIED AND REVISED TO SET FORTH SUCH A STATEMENT PRIOR TO EMBODIMENT IN ANY FUTURE INVITATION.