B-215467, JUL 23, 1984, 84-2 CPD 89
Highlights
MILLER CONTENDS THAT OLYMPIC SHOULD HAVE PERMITTED THE FIRM TO FURNISH THE MISSING MATERIAL THE NEXT DAY. WHERE AN INVITATION ADVISES BIDDERS THAT DESCRIPTIVE LITERATURE IS NEEDED FOR BID EVALUATION AND MUST BE FURNISHED PRIOR TO BID OPENING OR THE BID WILL BE REJECTED. A BID SUBMITTED WITHOUT THE NECESSARY DESCRIPTIVE MATERIAL IS NONRESPONSIVE AND MUST BE REJECTED. MILLER ALSO STATES THAT NONETHELESS ITS BID WAS SUBSTANTIALLY LOWER THAN THAT OF THE BIDDER AWARDED THE CONTRACT AND THAT BY ACCEPTING THE MORE EXPENSIVE BID THE CONTRACTING OFFICER FAILED TO ACT IN THE GOVERNMENT'S BEST INTEREST. IT IS IN THE GOVERNMENT'S BEST INTEREST TO PRESERVE A SYSTEM THAT GUARANTEES FAIR COMPETITION IN ALL CIRCUMSTANCES.
B-215467, JUL 23, 1984, 84-2 CPD 89
BIDS - RESPONSIVENESS - FAILURE TO FURNISH SOMETHING REQUIRED - DESCRIPTIVE LITERATURE DIGEST: A BIDDER'S FAILURE TO FURNISH DESCRIPTIVE LITERATURE WITH THE BID AS REQUIRED BY THE SOLICITATION RENDERS THE BID NONRESPONSIVE.
MILLER SPREADER COMPANY:
MILLER SPREADER COMPANY PROTESTS THE REJECTION OF ITS BID AS NONRESPONSIVE UNDER OLYMPIC NATIONAL PARK INVITATION FOR BIDS NO. 9500 84- 0005.
DUE TO AN ADMITTED OVERSIGHT ON ITS PART, MILLER SUBMITTED ITS BID WITHOUT THE REQUIRED DESCRIPTIVE LITERATURE. MILLER CONTENDS THAT OLYMPIC SHOULD HAVE PERMITTED THE FIRM TO FURNISH THE MISSING MATERIAL THE NEXT DAY.
WHERE AN INVITATION ADVISES BIDDERS THAT DESCRIPTIVE LITERATURE IS NEEDED FOR BID EVALUATION AND MUST BE FURNISHED PRIOR TO BID OPENING OR THE BID WILL BE REJECTED, A BID SUBMITTED WITHOUT THE NECESSARY DESCRIPTIVE MATERIAL IS NONRESPONSIVE AND MUST BE REJECTED. JOHN C. DORSEY, INC., B-212789, SEPT. 20, 1983, 83-2 CPD PARA. 350. MOREOVER, A BIDDER CANNOT BE PERMITTED TO CURE SUCH A DEFECT AFTER BID OPENING BECAUSE THAT WOULD GIVE THE FIRM AN UNFAIR COMPETITIVE ADVANTAGE. ID.
MILLER ALSO STATES THAT NONETHELESS ITS BID WAS SUBSTANTIALLY LOWER THAN THAT OF THE BIDDER AWARDED THE CONTRACT AND THAT BY ACCEPTING THE MORE EXPENSIVE BID THE CONTRACTING OFFICER FAILED TO ACT IN THE GOVERNMENT'S BEST INTEREST. WE DISAGREE. IT IS IN THE GOVERNMENT'S BEST INTEREST TO PRESERVE A SYSTEM THAT GUARANTEES FAIR COMPETITION IN ALL CIRCUMSTANCES. THE GOVERNMENT'S COMMITMENT TO THAT PERMANENT GOAL OUTWEIGHS ANY FINANCIAL SAVINGS IT MAY GLEAN FROM A SINGLE TRANSACTION. VISTA SCIENTIFIC CORPORATION, B-210416, APRIL 5, 1983, 83-1 CPD PARA. 365.
THE PROTEST IS SUMMARILY DENIED.