B-173532, AUG 25, 1971

B-173532, AUG 25, 1971

BID PROTEST - NONRESPONSIVE BID - FAILURE TO BID DENIAL OF PROTEST BY PREMIER ELECTRIC INTERNATIONAL CORPORATION AGAINST THE AWARD OF A CONTRACT UNDER AN IFB ISSUED BY RAMEY AIR FORCE BASE, PUERTO RICO, WHICH SOLICITED BIDS FOR THE REPAIR OF AN OVERHEAD ELECTRICAL DISTRIBUTION SYSTEM. AN EXAMINATION OF THE RECORD REVEALS NO SUPPORT FOR PROTESTANT'S CONTENTION THAT FAILURE TO BID ON ANY ONE ITEM WOULD RENDER THE ENTIRE BID NONRESPONSIVE. ACCORDINGLY, THE AWARD MUST BE SUSTAINED.

TO PREMIER ELECTRIC INTERNATIONAL CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF JULY 9, 1971, AND PRIOR CORRESPONDENCE, PROTESTING AGAINST THE PENDING AWARD OF A CONTRACT TO ANOTHER FIRM UNDER INVITATION FOR BIDS (IFB) NO. F66600-71-B-0029, ISSUED BY THE PROCUREMENT DIVISION, RAMEY AIR FORCE BASE, PUERTO RICO.

THE IFB, AS AMENDED, SOLICITED BIDS FOR THE REPAIR OF AN OVERHEAD ELECTRICAL DISTRIBUTION SYSTEM ON THE BASE. THE BIDDING SCHEDULE OF THE IFB LISTED THREE ITEMS WHICH DESCRIBED THE WORK TO BE PERFORMED IN IDENTICAL TERMS EXCEPT THAT ITEM 1 REQUIRED COMPLETION OF THE JOB WITHIN 210 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED WHILE ITEMS 2 AND 3 REQUIRED COMPLETION WITHIN 330 AND 450 CALENDAR DAYS, RESPECTIVELY. BIDS RECEIVED WERE TO BE EVALUATED IN ACCORDANCE WITH THE APPLICABLE PROVISION OF THE IFB WHICH STATED:

"EVALUATION OF BIDS: IT IS THE GOVERNMENT'S INTENTION TO COMPLETE PROJECT RAMEY (32-8A AS QUICKLY AS POSSIBLE. BIDS WILL BE EVALUATED SEPARATELY, WITHIN EACH TIME FRAME, BEGINNING WITH THE 210 DAY PERFORMANCE PERIOD. THE LOW RESPONSIVE BID EXCEEDS THE GOVERNMENT ESTIMATE FOR THE 210 DAY TIME FRAME BIDS WILL THEN BE EVALUATED UNDER THE 330 DAY PERFORMANCE PERIOD. IF THE LOW RESPONSIVE BID EXCEEDS THE GOVERNMENT ESTIMATE FOR THE 330 DAY TIME FRAME BIDS WILL THEN BE EVALUATED UNDER THE 450 DAY PERFORMANCE PERIOD."

AS PREMIER ELECTRIC INTERNATIONAL CORPORATION (PREMIER) HAS PREVIOUSLY BEEN ADVISED, THE RESULTS OF BID OPENING WERE AS FOLLOWS:

PREMIER STANDARD

ELECTRIC ELECTRICAL

ITEM INTERNATIONAL CONTRACTORS

NO. DESCRIPTION CORPORATION INC.

1 210 DAY PERFORMANCE $309,991.00 NO BID

2 330 DAY PERFORMANCE $293,592.00 $199,953.00

3 450 DAY PERFORMANCE $277,193.00 $198,587.00

THE ADMINISTRATIVE REPORT STATES THAT THE GOVERNMENT'S ESTIMATE FOR THE WORK WAS $185,200 REGARDLESS OF THE NUMBER OF DAYS OF PERFORMANCE.

IT IS PREMIER'S POSITION THAT, SINCE THE IFB PROVIDED FOR THREE INDIVIDUAL BID ITEMS AND A BID EVALUATION SYSTEM BASED ON EACH OF THE THREE ITEMS, THE LOW BIDDER'S FAILURE TO BID ON ITEM 1 RENDERS ITS BID NONRESPONSIVE. IN SUPPORT OF THIS ARGUMENT, PREMIER MAINTAINS THAT A CONSIDERATION OF THE BID FORM, BIDDING SCHEDULE AND INSTRUCTIONS TO BIDDERS COMPELS THE CONCLUSION THAT BIDDERS WERE EXPLICITLY REQUIRED TO BID ON EACH AND EVERY ITEM. IF THIS IS IN FACT THE CASE, THEN THE LOW BID IS NONRESPONSIVE IN ACCORDANCE WITH THE ADVICE OF PARAGRAPH 5(B) OF THE INSTRUCTIONS TO BIDDERS THAT THE FAILURE TO BID ON ALL ITEMS WHEN EXPLICITLY REQUIRED TO DO SO WILL DISQUALIFY THE BID.

OUR EXAMINATION OF THE DOCUMENTS PREMIER REFERENCES REVEALS NO EXPLICIT REQUIREMENT THAT A BIDDER BID ON ALL ITEMS OF THE BIDDING SCHEDULE. ABSENT SUCH A REQUIREMENT, PARAGRAPH 5(B) IS NOT FOR APPLICATION AND CAN PROVIDE NO BASIS FOR A DETERMINATION THAT THE LOW BID OF STANDARD IS NONRESPONSIVE.

ACCORDINGLY, THE PROTEST IS DENIED.