B-158915, JUN. 17, 1966
Highlights
PROTESTANT HAS STATED THAT IT WAS NOT FOREWARNED PRIOR TO BID OPENING THAT A PROGRESS PAYMENTS CLAUSE COULD NOT BE INCLUDED IN THE ULTIMATE CONTRACT. IT IS NOTED THAT IF NO EFFORT WAS MADE TO INFORM PROSPECTIVE BIDDERS OF THIS CIRCUMSTANCE. WAS NOT FOLLOWED.
B-158915, JUN. 17, 1966
TO SECRETARY OF THE NAVY:
BY LETTER DATED APRIL 27, 1966, SIGNED BY THE ASSISTANT CHIEF FOR PURCHASING (SANDA 642), BUREAU OF SUPPLIES AND ACCOUNTS, YOUR DEPARTMENT FORWARDED A REPORT ON THE PROTEST OF SPACE AVIONICS, INCORPORATED, AGAINST THE AWARD OF A CONTRACT TO A HIGHER BIDDER UNDER INVITATION FOR BIDS NO. 189-211-66 ISSUED ON NOVEMBER 18, 1965, BY THE UNITED STATES NAVAL SUPPLY CENTER, NORFOLK, VIRGINIA.
PROTESTANT HAS STATED THAT IT WAS NOT FOREWARNED PRIOR TO BID OPENING THAT A PROGRESS PAYMENTS CLAUSE COULD NOT BE INCLUDED IN THE ULTIMATE CONTRACT. IT IS NOTED THAT IF NO EFFORT WAS MADE TO INFORM PROSPECTIVE BIDDERS OF THIS CIRCUMSTANCE, THE INJUNCTION SET FORTH AT SECTION E-504.6, APPENDIX E TO THE ARMED SERVICES PROCUREMENT REGULATION, THAT THE RECIPIENTS OF SOLICITATIONS BE KEPT AWARE WHEN INVITATIONS DO NOT PROVIDE FOR PROGRESS PAYMENTS THAT PROGRESS PAYMENT CLAUSES CANNOT BE INCLUDED IN THE CONTRACT AT THE TIME OF AWARD, WAS NOT FOLLOWED.