B-178016, JUN 5, 1973

B-178016, JUN 5, 1973

DECISION TO THE SECRETARY OF THE NAVY REGARDING GARDEN STATE STORAGE CO., AGAINST CHECKER VAN LINES WHOSE WRITTEN INTENTION WAS TO RESTRICT BID PRICE SHIPMENTS CONSIGNED TO ITS FACILITY AND NOT TO LAKEHURST NAVAL AIR STATION.

TO MR. SECRETARY:

REFERENCE IS MADE TO LETTER SUP 022E DATED MARCH 26, 1973, FROM THE DEPUTY COMMANDER, PROCUREMENT MANAGEMENT, NAVAL SUPPLY SYSTEMS COMMAND, FURNISHING A REPORT ON THE PROTEST OF GARDEN STATE STORAGE CO., INC., AGAINST THE AWARD OF A CONTRACT TO CHECKER VAN LINES FOR SCHEDULE I OF INVITATION FOR BIDS (IFB) NO. N00140-73-B-0591 ISSUED BY THE NAVAL REGIONAL PROCUREMENT OFFICE, PHILADELPHIA, PENNSYLVANIA.

THE IFB SOLICITED BIDS FOR FURNISHING SERVICES AND MATERIALS FOR THE PREPARATION OF HOUSEHOLD GOODS FOR MOVEMENT OR STORAGE. SCHEDULE I COVERS SERVICES RELATING TO HOUSEHOLD GOODS WHICH HAVE BEEN SHIPPED INTO OR ARE TO BE SHIPPED OUT OF THE AREAS OF PERFORMANCE.

THERE WERE ONLY TWO BIDDERS ON SCHEDULE I. CHECKER VAN LINES WAS REQUESTED TO CONFIRM THAT ITS BID PRICES WERE CORRECT AND THAT IT INTENDED TO PERFORM IN COMPLETE CONFORMANCE WITH THE SPECIFICATIONS BECAUSE THE MAJORITY OF ITS PRICES ON SCHEDULE I WERE SUBSTANTIALLY LOWER THAN THE PRICES BID BY GARDEN STATE STORAGE. CHECKER RESPONDED:

*** THE BID THAT WE SUBMITTED IS A CORRECT BID FOR ALL ITEMS, EXCEPT THE DELIVERY PORTION OF THE CONTRACT, AND THESE PRICES ARE CORRECT, IF WE MAY HANDLE THE STORAGE OF THESE ITEMS AT OUR FACILITIES, AS MY LETTER WHICH WAS ATTACHED TO MY BID, SETS FORTH.

THESE PRICES ON THE INBOUND PORTION ARE CORRECT AS BID, IF WE CAN STORE HERE AT NO CHARGE TO THE GOVERNMENT FOR THE STORAGE, OR HANDLING IN AND OUT. IF WE HAVE TO GO TO LAKEHURST TO PICK THESE GOODS UP AT THEIR WAREHOUSE, THEN THE DELIVERY PORTION OF THIS BID WOULD HAVE TO BE ADJUSTED FOR EXCESSIVE TIME LOST IN GOING TO LAKEHURST.

THE LETTER THAT WAS ATTACHED TO THE CHECKER BID, REFERENCED IN THE CHECKER RESPONSE, STATED:

ON THE SOLICITATION #N00140-73-B-0591, IF WE ARE FORTUNATE TO RECEIVE THIS CONTRACT WE WILL HANDLE ALL IN-BOUND CONTAINERS FOR DELIVERY UNDER THE ABOVE MENTIONED CONTRACT AT NO CHARGE FOR STORAGE OR THE HANDLING IN AND THE HANDLING-OUT. IE. ALL STORAGE WILL BE AT NO CHARGE AT OUR FACILITY. ALL UNLOADING OF OUTSIDE TRUCKS AT NO CHARGE, ALL WAREHOUSE HANDLING IN AND OUT OF WAREHOUSE, NO CHARGE. DELIVERY WILL BE AT THE BID PRICE OF CONTRACT #N00140-73-B-0591.

THE IFB CONTEMPLATES HOUSEHOLD GOODS BEING PICKED UP AT THE LAKEHURST NAVAL AIR STATION. IN VIEW THEREOF AND SINCE CHECKER HAS INDICATED THAT BY THE LETTER ACCOMPANYING THE BID IT INTENDED TO RESTRICT THE BID PRICES TO THOSE INBOUND SHIPMENTS CONSIGNED DIRECTLY TO ITS FACILITY AND THAT THE BID PRICE DID NOT INCLUDE SERVICES TO SHIPMENTS ASSIGNED TO THE LAKEHURST NAVAL AIR STATION, THE CONTRACTING OFFICER PROPOSES TO REJECT THE BID AS NONRESPONSIVE TO THE IFB.

THE LETTER ACCOMPANYING THE BID DOES NOT STATE ANY EXCEPTION TO THE IFB REQUIREMENTS. THEREFORE, THE BID ON ITS FACE IS RESPONSIVE TO THE IFB AND ANY AFTER-THE-FACT EXPLANATION CANNOT VARY THE RESPONSIVENESS OF THE BID. SEE 40 COMP. GEN. 668, 671 (1961). HOWEVER, SINCE CHECKER HAS CONTENDED THAT ITS PRICES DO NOT INCLUDE THE COST OF TRANSPORTING HOUSEHOLD GOODS FROM THE LAKEHURST NAVAL AIR STATION, THE MATTER IS FOR PROCESSING IN ACCORDANCE WITH THE MISTAKE IN BID PROCEDURES PRESCRIBED IN ASPR 2-406.3. IN THE EVENT CHECKER IS ABLE TO ESTABLISH ITS CONTENTION UNDER THE PRESCRIBED PROCEDURES IT MAY BE AUTHORIZED TO WITHDRAW THE BID AS PROVIDED THEREIN.