B-217259, MAR 1, 1985, 85-1 CPD 259
Highlights
BIDS - ACCEPTANCE TIME LIMITATION - BIDS OFFERING DIFFERENT ACCEPTANCE PERIODS - SHORTER PERIODS - REJECTION OF BID DIGEST: A BID THAT OFFERS AN ACCEPTANCE PERIOD WHICH IS LESS THAN THAT REQUIRED IN THE SOLICITATION IS NONRESPONSIVE. THE FACT THAT AWARD WAS MISTAKENLY MADE TO THE PROTESTER WITHIN THE SHORTER PERIOD IS IRRELEVANT. WHILE ISC AGREES WITH THE AGENCY THAT THE PRESCRIBED BID ACCEPTANCE PERIOD IS A MATERIAL SOLICITATION REQUIREMENT. IT CONTENDS THAT ITS OFFER OF A 60-DAY RATHER THAN A 90-DAY ACCEPTANCE PERIOD IS IMMATERIAL HERE SINCE AWARD ACTUALLY WAS MADE WITHIN THE SHORTER PERIOD. RESPONSIVENESS IS A MATTER OF A BID'S ACCEPTABILITY AS SUBMITTED AND OPENED. THE FACT THAT THE AGENCY ACTUALLY AWARDED THE CONTRACT WITHIN THE ACCEPTANCE PERIOD CONTAINED IN ISC'S BID IS IRRELEVANT.
B-217259, MAR 1, 1985, 85-1 CPD 259
BIDS - ACCEPTANCE TIME LIMITATION - BIDS OFFERING DIFFERENT ACCEPTANCE PERIODS - SHORTER PERIODS - REJECTION OF BID DIGEST: A BID THAT OFFERS AN ACCEPTANCE PERIOD WHICH IS LESS THAN THAT REQUIRED IN THE SOLICITATION IS NONRESPONSIVE, AND THE FACT THAT AWARD WAS MISTAKENLY MADE TO THE PROTESTER WITHIN THE SHORTER PERIOD IS IRRELEVANT.
INTERNATIONAL SERVICE CORPORATION:
INTERNATIONAL SERVICE CORPORATION (ISC) PROTESTS THE DEPARTMENT OF THE AIR FORCE'S CANCELLATION OF THE AWARD OF CONTRACT NO. F65503-84-C 0020 TO ISC. WE DENY THE PROTEST.
THE INVITATION FOR BIDS (IFB) REQUIRED THAT ALL BIDS REFLECT A 90 DAY ACCEPTANCE PERIOD AND SPECIFICALLY STATED THAT A BID PROVIDING LESS THAN THAT PERIOD WOULD BE REJECTED AS NONRESPONSIVE. ISC'S BID OFFERED AN ACCEPTANCE PERIOD OF 60 DAYS. THE AIR FORCE MADE AWARD TO ISC, BUT CANCELLED THE AWARD 3 DAYS LATER UPON DISCOVERY OF THE DISCREPANCY BETWEEN THE REQUIRED AND OFFERED BID ACCEPTANCE PERIODS.
WHILE ISC AGREES WITH THE AGENCY THAT THE PRESCRIBED BID ACCEPTANCE PERIOD IS A MATERIAL SOLICITATION REQUIREMENT, IT CONTENDS THAT ITS OFFER OF A 60-DAY RATHER THAN A 90-DAY ACCEPTANCE PERIOD IS IMMATERIAL HERE SINCE AWARD ACTUALLY WAS MADE WITHIN THE SHORTER PERIOD.
A BIDDER'S FAILURE TO MEET A SOLICITATION REQUIREMENT FOR A MINIMUM BID ACCEPTANCE PERIOD RENDERS THE BID NONRESPONSIVE. PEABODY MYERS CORP., B-213176, MAR. 13, 1984, 84-1 CPD PARA. 295. RESPONSIVENESS IS A MATTER OF A BID'S ACCEPTABILITY AS SUBMITTED AND OPENED, AND CANNOT DEPEND ON THE FORTUITY THAT THE GOVERNMENT ACTUALLY COMPLETES THE PROCUREMENT PROCESS SOONER THAN ANTICIPATED IN THE IFB. AMES CONSTRUCTION, INC., B-210578, FEB. 14, 1983, 83-1 CPD PARA. 156. THEREFORE, THE FACT THAT THE AGENCY ACTUALLY AWARDED THE CONTRACT WITHIN THE ACCEPTANCE PERIOD CONTAINED IN ISC'S BID IS IRRELEVANT. ID.
ISC CITES OUR DECISION IN UNITED BUILDING SERVICE, 63 COMP.GEN. 168 (1984), 84-1 CPD PARA. 70, IN SUPPORT OF ITS POSITION THAT THE AGENCY'S DECISION TO CANCEL THE AWARD TO ISC WAS IMPROPER. THAT CASE DOES NOT SUPPORT ISC'S POSITION, HOWEVER, SINCE THERE WE UPHELD THE AGENCY'S DECISION TO CANCEL A IMPROPERLY AWARDED CONTRACT IN ORDER TO PRESERVE THE INTEGRITY OF THE COMPETITIVE BIDDING PROCESS.
THE PROTEST IS DENIED.