B-162138, AUG. 18, 1967

B-162138, AUG. 18, 1967

BIDS - DEVIATIONS - DELIVERY DECISION TO BULLARD COMPANY RE REJECTION OF BID FOR BORING MACHINE AND LATHE REQUIRED BY WASHINGTON NAVY YARD. BIDDER/OFFEROR WHO PROPOSED DELIVERY WITHIN 150 DAYS "AFTER RECEIPT OF CONTRACT" RATHER THAN AFTER "DATE OF CONTRACT" AS REQUIRED IN THE SOLICITATION WAS REQUIRED TO HAVE BID EVALUATED ON BASIS OF ADDING MAXIMUM NUMBER OF DAYS REQUIRED FOR DELIVERY OF AWARD THROUGH THE MAILS AND SINCE SUCH DELIVERY DATE IS LATER THAN THAT REQUIRED IN SOLICITATION, BID WAS PROPERLY REJECTED.

TO MR. H. E. NEALE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 25, 1967, PROTESTING AGAINST THE PROPOSED REJECTION OF YOUR BID UNDER THE ADVERTISED SOLICITATION NO. N00600-67-B-0918, ISSUED BY THE UNITED STATES NAVY PURCHASING OFFICE, WASHINGTON NAVY YARD, WASHINGTON, D.C.

ITEM NO. 1 WAS FOR A "BORING AND TURNING MACHINE, VERTICAL AND LATHES, VERTICAL, TURRET.' ITEM NO. 2 WAS FOR A "VERTICAL TURRET LATHE, 46-INCH TABLE" AND ITEM NO. 3 WAS FOR A "LATHE, TURRET, NID NO. 151-010698.' YOUR BID WAS LOW FOR ITEM NO. 2.

THE FORM USED IN THE SOLICITATION (DD 1490) INDICATES THAT THE ITEMS ARE BEING PROCURED BY AN ADVERTISED SOLICITATION.

PAGE 7 OF THE SOLICITATION STATED THAT THE "REQUIRED DELIVERY SCHEDULE" FOR "ALL" QUANTITIES OF ITEMS NO. 1. AND NO. 2. WAS "WITHIN 510 DAYS AFTER DATE OF CONTRACT.' WITH RESPECT TO THE ,REQUIRED DELIVERY SCHEDULE" THE SOLICITATION STATED AS FOLLOWS:

"BIDS OFFERING DELIVERY OF A QUANTITY UNDER SUBJECT TERMS OR CONDITIONS THAT DELIVERY WILL NOT CLEARLY FALL WITHIN THE APPLICABLE REQUIRED DELIVERY PERIOD SPECIFIED ABOVE WILL BE CONSIDERED NONRESPONSIVE AND WILL BE REJECTED. PROPOSALS OFFERING AN INDEFINITE TIME FOR DELIVERY OR OFFERING DELIVERY CONTINGENT UPON AVAILABILITY OR RECEIPT OF MATERIAL MAY NOT BE CONSIDERED. IF THE BIDDER/OFFEROR DOES NOT PROPOSE A DIFFERENT DELIVERY SCHEDULE, THE GOVERNMENT'S DESIRED DELIVERY SCHEDULE SHALL APPLY.'

ON THE SPACE PROVIDED ON PAGE 7, UNDER THE "BIDDER-S/OFFEROR'S PROPOSED DELIVERY SCHEDULE," YOU INSERTED AS YOUR PROPOSED DELIVERY SCHEDULE FOR ALL OF ITEM NO. 2: "WITHIN 510 DAYS AFTER RECEIPT OF CONTRACT.' DIRECTLY UNDER THE SPACE PROVIDED FOR THE BIDDER'S INSERTION OF TIME FOR THE ,BIDDER-S/OFFEROR'S PROPOSED DELIVERY SCHEDULE," THERE WAS THE FOLLOWING PROVISION:

"* * * HOWEVER, A BID OFFERING DELIVERY BASED ON DATE OF RECEIPT BY THE CONTRACTOR OF THE CONTRACT OR NOTICE OF AWARD (RATHER THAN THE CONTRACT DATE) WILL BE EVALUATED BY ADDING THE MAXIMUM NUMBER OF DAYS NORMALLY REQUIRED FOR DELIVERY OF THE AWARD THROUGH THE ORDINARY MAILS. IF, AS SO COMPUTED, THE DELIVERY DATE OFFERED IS LATER THAN THE DELIVERY DATE REQUIRED IN THE IFB, THE OFFER WILL BE CONSIDERED AS NONRESPONSIVE AND WILL BE REJECTED. * * *.'

THE TERMS "AFTER DATE OF CONTRACT" AND "AFTER RECEIPT OF CONTRACT" ARE CLEARLY NOT SYNONYMOUS. SEE 38 COMP. GEN. 876. WE HAVE HELD THAT A BID OFFERING DELIVERY WITHIN A GIVEN TIME AFTER RECEIPT OF NOTICE OF AWARD, WHETHER EMPLOYING THAT PHRASE OR SOME OTHER PHRASE HAVING SUBSTANTIALLY THE SAME EFFECT, MAY NOT BE REGARDED AS RESPONSIVE TO AN INVITATION REQUIRING DELIVERY WITHIN THE STATED TIME AFTER DATE OF CONTRACT. SEE 38 COMP. GEN. 876.

THE PROVISION, QUOTED ABOVE, UNDER THE "BIDDER-S/OFFEROR'S PROPOSED DELIVERY SCHEDULE" SPECIFICALLY ADVISED YOU THAT A BID OFFERING A DELIVERY BASED ON THE DATE OF THE RECEIPT OF CONTRACT WOULD BE EVALUATED BY ADDING THE MAXIMUM NUMBER OF DAYS REQUIRED FOR DELIVERY OF THE AWARD THROUGH THE ORDINARY MAILS AND IF THE DELIVERY DATE SO COMPUTED WAS LATER THAN THE DELIVERY DATE REQUIRED IN THE SOLICITATION, THE OFFER WOULD BE CONSIDERED AS NONRESPONSIVE AND WOULD BE REJECTED. OBVIOUSLY IF THE MAXIMUM NUMBER OF DAYS REQUIRED FOR DELIVERY OF THE AWARD THROUGH THE ORDINARY MAILS IS ADDED TO YOUR PROPOSED DELIVERY SCHEDULE, THE DELIVERY DATE IN YOUR BID IS LATER THAN THE DELIVERY DATE REQUIRED IN THE SOLICITATION. IN THESE CIRCUMSTANCES WE HAVE NO BASIS FOR QUESTIONING THE PROPOSED REJECTION OF YOUR BID FOR ITEM NO. 2.