B-168354, MAR. 18, 1970

B-168354, MAR. 18, 1970

CONTRACTS--SPECIFICATIONS--FAILURE TO FURNISH SOMETHING REQUIRED- INFORMATION--INVITATION TO BID ATTACHMENTS AWARD OF JANITORIAL SERVICES CONTRACT TO LOW BIDDER---PROTESTANT AGAINST ON BASIS THAT SINCE LOW BIDDER FAILED TO SUBMIT SPECIFICATIONS INDICATING WHERE, WHEN, AND IN WHAT MANNER SERVICES WERE TO BE PERFORMED WITH ITS BID, BID WAS NONRESPONSIVE FOR NOT EVIDENCING INTENT TO BIND BIDDER TO SPECIFICATIONS' TERMS---IS AFFIRMED, BECAUSE SINCE LOW BIDDER SUBMITTED SCHEDULE WITH ITS BID AND SCHEDULE MADE REPEATED REFERENCES TO SPECIFICATIONS AND OTHER MATERIAL PROVISIONS OF IFB, IT IS CONCLUDED THAT SUCH REFERENCES OPERATED TO INCORPORATE ESSENTIAL INVITATION DOCUMENTS INTO BID AND BID WAS THEREFORE RESPONSIVE. SEE B 168383, MAR. 5, 1970.

TO ROYAL SERVICES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 11, 1969, WITH ENCLOSURE, IN WHICH YOU PROTEST AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS (IFB) NO. 4BPE-12, ISSUED BY THE PUBLIC BUILDINGS SERVICE, GENERAL SERVICES ADMINISTRATION (GSA), REGION 4, ATLANTA, GEORGIA, ON OCTOBER 17, 1969, FOR CLEANING SERVICE REQUIREMENTS AT THE FEDERAL BUILDING IN ATLANTA FOR THE PERIOD BEGINNING DECEMBER 1, 1969 THROUGH NOVEMBER 30, 1970.

THE IFB WAS ISSUED ON GSA FORM 1467 WHICH, IN THE PORTION HEADED INVITATION FOR BIDS ADVISED BIDDERS IN PERTINENT PART AS FOLLOWS:

"SEALED BIDS FOR FURNISHING THE BUILDING SERVICES DESCRIBED IN THE ATTACHED CONTRACT REQUIREMENTS WILL BE RECEIVED IN THE BID RECEIVING OFFICE UNTIL THE DATE AND TIME SPECIFIED ABOVE AND AT THAT TIME PUBLICLY OPENED. ALL BIDS ARE SUBJECT TO THE FOLLOWING:

CLEANING SERVICES - FEDERAL BUILDING - ATLANTA, GEORGIA

1. THE ATTACHED BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS, GSA FORM 1467A.

2. THE GENERAL PROVISIONS, GSA FORM 1468.

3. THE CONTRACT REQUIREMENTS.

4.SUCH OTHER PROVISIONS, TERMS, CONDITIONS, SPECIFICATIONS, SCHEDULES, AND EXHIBITS AS ARE ATTACHED."

PAGE 1 OF THE SCHEDULE CONTAINED THE FOLLOWING STATEMENTS:

"THE SERVICES TO BE FURNISHED, THE SPECIFICATIONS, THE TIME AND PLACE OF PERFORMANCE AND ANY OTHER SPECIAL TERMS AND CONDITIONS APPLICABLE TO THE INVITATION FOR BIDS, ARE SET FORTH BELOW, AND IN THE ATTACHED SPECIFICATIONS, GENERAL PROVISIONS AND SPECIAL PROVISIONS.

"THE CONTRACTOR WILL BE RESPONSIBLE FOR MANAGING AND PERFORMING EFFICIENT PROGRAMS FOR CLEANING AT THE FEDERAL BUILDING, 275 PEACHTREE STREET, N.E; ATLANTA, GEORGIA, AS ITEMIZED IN THE ATTACHED SPECIFICATIONS, GENERAL PROVISIONS AND SPECIAL PROVISIONS."

BIDS WERE RECEIVED ON NOVEMBER 5, 1969, AS FOLLOWS:

RICE CLEANING SERVICE $ 8,152.13

ROYAL SERVICES, INC. 8,165.00

AMCOR, INC. 8,251.88

JOHN R. CHRISMAN & ASSOCIATES, INC. 8,500.00

E. STEVENS JANITORIAL SERVICE AND SUPPLIES 8,539.51

EASTERN SERVICES MANAGEMENT CO. 8,800.00

ASSOCIATED SERVICES, INC. 8,973.80

CROWN MAINTENANCE CO. 9,066.67

NATIONAL BUILDING MAINTENANCE, INC. 9,500.00

HUGHES BROTHERS, INC. 14,341.87

THE CONTRACTING OFFICER ADVISES THAT THE LOW BIDDER, RICE CLEANING SERVICE, SUBMITTED GSA FORM 1467, THE SCHEDULE, THE COST EVALUATION SHEET, THE BID BOND, THE SURETY'S GENERAL POWER OF ATTORNEY, THE STATEMENT OF FINANCIAL INFORMATION AND AN UNDATED LETTER REDUCING EACH ITEM IN THE BID BY THREE PERCENT. WE ARE FURTHER ADVISED THE LOW BID WAS DISASSEMBLED SOMETIME AFTER BID OPENING; THAT THE AWARD SECTION OF GSA FORM 1467 WAS COMPLETED; AND THAT A COMPLETE CONTRACT DOCUMENT WAS PREPARED BY ATTACHING ALL DOCUMENTS OF THE IFB. GSA THEN MAILED AN AWARD TO THE COMPANY PRIOR TO THE RECEIPT OF ADVICE FROM OUR OFFICE THAT YOUR CONCERN HAD SUBMITTED A PROTEST.

YOU CONTEND THAT THE COMPANY'S BID MUST BE CONSIDERED NONRESPONSIVE BECAUSE OF THE COMPANY'S FAILURE TO SUBMIT THE SPECIFICATIONS, CONSISTING OF SEVERAL PAGES, WITH ITS BID. THESE SPECIFICATIONS STATED, INTER ALIA, WHERE, WHEN AND IN WHAT MANNER THE JANITORIAL SERVICES WERE TO BE PERFORMED, SO THAT A BID COULD NOT BE CONSIDERED RESPONSIVE IF IT DID NOT EVIDENCE AN INTENT TO BIND THE BIDDER TO THE TERMS OF THE SPECIFICATIONS.

IN THIS CONNECTION, RICE CLEANING SERVICE SUBMITTED ITS BID ON GSA FORM 1467 IN THE FOLLOWING FORM:

"IN COMPLIANCE WITH THE ABOVE, THE UNDERSIGNED AGREES THAT, IF THIS BID IS ACCEPTED WITHIN DAYS (60 CALENDAR DAYS UNLESS A DIFFERENT PERIOD IS INSERTED BY THE BIDDER) FROM THE DATE OF OPENING, HE WILL WITHIN 15 CALENDAR DAYS (UNLESS A LONGER PERIOD IS ALLOWED) AFTER RECEIPT OF ACCEPTANCE BY THE GOVERNMENT FURNISH PERFORMANCE BOND AND INSURANCE IF REQUIRED AND, UPON RECEIPT OF NOTICE FROM THE GOVERNMENT TO PROCEED, THEREAFTER PROVIDE THE SERVICES DESCRIBED IN THE CONTRACT REQUIREMENTS, IN STRICT ACCORDANCE WITH ALL PROVISIONS OF THE INVITATION AS SET FORTH BELOW."

THE PHRASE "IN COMPLIANCE WITH THE ABOVE" REFERS TO THE PORTION OF THE BID FORM WHICH APPEARED IMMEDIATELY ABOVE THE QUOTED PARAGRAPH AND PROVIDED THAT ALL BIDS WERE SUBJECT TO "(1) THE ATTACHED BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS, GSA FORM 1467A; (2) THE GENERAL PROVISIONS, GSA FORM 1468; (3) THE CONTRACT REQUIREMENTS; AND (4) SUCH OTHER PROVISIONS, TERMS, CONDITIONS, SPECIFICATIONS, SCHEDULES, AND EXHIBITS AS ARE ATTACHED." SINCE THE COMPANY SUBMITTED THE SCHEDULE WITH ITS BID, AND REPEATED REFERENCES WERE MADE IN THE SCHEDULE TO THE SPECIFICATIONS, AS WELL AS TO OTHER MATERIAL PROVISIONS OF THE IFB, IT IS OUR OPINION THAT SUCH REFERENCES OPERATED TO INCORPORATE THE ESSENTIAL INVITATION DOCUMENTS INTO THE BID. B-168383, MARCH 5, 1970. WE THEREFORE CONCLUDE THAT THE BID OF RICE CLEANING SERVICE WAS RESPONSIVE AND THAT THE AWARD TO THE COMPANY CANNOT BE LEGALLY QUESTIONED ON THIS BASIS.

ACCORDINGLY, YOUR PROTEST IS DENIED.