B-154793, SEP. 21, 1964

B-154793, SEP. 21, 1964

TO THE HONORABLE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER OF AUGUST 18, 1964, FROM THE CHIEF, PROCUREMENT OPERATIONS DIVISION, DIRECTORATE, PROCUREMENT POLICY, DCS/S AND L, FORWARDING A REPORT ON THE PROTEST OF DAHL, DAHL AND GREENAGEL, IN BEHALF OF THE GRAFTON MILK COMPANY, INC., AGAINST THE REJECTION OF ITS BID UNDER IFB NO. 32-605-64-46, ISSUED AT GRAND FORKS AIR FORCE BASE, NORTH DAKOTA.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY DENYING THE PROTEST.

AS INDICATED IN THE LETTER OF PROTEST THE STANDARD PROVISION FOR AN ACCEPTANCE PERIOD OF 60 DAYS, UNLESS A "DIFFERENT" PERIOD IS INSERTED BY THE BIDDER, WOULD INDICATE THAT SAID INSERTION COULD BE EITHER MORE OR LESS THAN 60 DAYS. ALSO, IT IS BELIEVED THAT IN THE VAST MAJORITY OF CASES, AS HERE, THE REAL MEANING OF "DIFFERENT" IS "LONGER.' TO AVOID THE SUBMISSION OF NONRESPONSIVE BIDS, IT IS SUGGESTED THAT, WHENEVER AN INVITATION INCLUDES A PARAGRAPH SUCH AS PART XI OF THE INSTANT IFB IT SHOULD BE CROSS-REFERENCED TO ANY PROVISION PERMITTING INSERTION OF A DIFFERENT ACCEPTANCE PERIOD IN SUCH A MANNER AS TO SPECIFICALLY DIRECT THE BIDDER'S ATTENTION TO THE FACT THAT INSERTION OF A SHORTER PERIOD WILL CAUSE THE BID TO BE REJECTED.

THIS MATTER WAS THE SUBJECT OF A REPORT FROM YOUR DEPARTMENT DATED AUGUST 18, AND THE FILE RECEIVED WITH THAT REPORT IS RETURNED.