Protest of Bid Rejection

B-179232: Dec 5, 1973

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WHERE INVITATION FOR SUPPLY OF TEMPERATURE INDICATORS PROVIDED THAT AWARD WAS LIMITED TO ITEMS ON QUALIFIED PRODUCTS LIST (QPL) OR ITEMS TESTED AND QUALIFIED AT BID OPENING. BID WAS PROPERLY REJECTED AS NONRESPONSIVE SINCE BIDDER FAILED TO PROVIDE INFORMATION REQUESTED IN ASPR CLAUSE 1-1107.2(A) SO AS TO PERMIT GOVERNMENT TO DETERMINE THAT ITS PRODUCT WAS QUALIFIED. WHOSE BID WAS REJECTED AS NONRESPONSIVE WAS ADVISED 19 DAYS AFTER AWARD. THAT ITS BID WAS REJECTED. BIDDER WAS NOT FURNISHED REASON FOR REJECTION FOR AN ADDITIONAL 17 DAYS. JR.: REFERENCE IS MADE TO THE LETTER DATED SEPTEMBER 19. WE ARE ENCLOSING A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. THE RECORD INDICATES THAT AWARD WAS MADE TO LEWIS ENGINEERING COMPANY ON JUNE 28.

B-179232, DEC 5, 1973

WHERE INVITATION FOR SUPPLY OF TEMPERATURE INDICATORS PROVIDED THAT AWARD WAS LIMITED TO ITEMS ON QUALIFIED PRODUCTS LIST (QPL) OR ITEMS TESTED AND QUALIFIED AT BID OPENING, BID WAS PROPERLY REJECTED AS NONRESPONSIVE SINCE BIDDER FAILED TO PROVIDE INFORMATION REQUESTED IN ASPR CLAUSE 1-1107.2(A) SO AS TO PERMIT GOVERNMENT TO DETERMINE THAT ITS PRODUCT WAS QUALIFIED. SEE COMP. GEN. DECISION CITED. LOW BIDDER, WHOSE BID WAS REJECTED AS NONRESPONSIVE WAS ADVISED 19 DAYS AFTER AWARD, THAT ITS BID WAS REJECTED, AND ONLY AFTER IT HAD INQUIRED AS TO STATUS OF INVITATION. MOREOVER, BIDDER WAS NOT FURNISHED REASON FOR REJECTION FOR AN ADDITIONAL 17 DAYS. GAO DOES NOT FEEL NOTICE IN SUCH CASE COMPLIES WITH REQUIREMENTS OF ASPR 2-408.1, WHICH PROVIDES FOR PROMPT NOTICE TO UNSUCCESSFUL LOW BIDDERS OF REASON FOR REJECTION.

TO LT. GEN. WALLACE H. ROBINSON, JR.:

REFERENCE IS MADE TO THE LETTER DATED SEPTEMBER 19, 1973, FROM YOUR ASSISTANT COUNSEL CONCERNING THE PROTEST OF D. MOODY & COMPANY, INCORPORATED, AGAINST THE REJECTION OF ITS BID UNDER INVITATION FOR BIDS (IFB) NO. DSA-400-73-B-7728 ISSUED BY THE DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA. WE ARE ENCLOSING A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST.

THE RECORD INDICATES THAT AWARD WAS MADE TO LEWIS ENGINEERING COMPANY ON JUNE 28, 1973. MOODY APPARENTLY WAS NOT ADVISED THAT ITS LOW BID WAS REJECTED AS NONRESPONSIVE UNTIL JULY 17, 1973, ONLY AFTER IT HAD INQUIRED AS TO THE STATUS OF THE SUBJECT IFB. THE RECORD FURTHER INDICATES THAT MOODY WAS NOT ADVISED AS TO THE REASON FOR REJECTION OF ITS BID UNTIL AUGUST 3, 1973. ARMED SERVICES PROCUREMENT REGULATION 2 408.1 PROVIDES FOR PROMPT NOTICE TO BE GIVEN THE UNSUCCESSFUL LOW BIDDER OF THE REJECTION OF ITS BID. THIS REGULATION ALSO PROVIDES THAT THE REASONS FOR SUCH REJECTION MUST BE FURNISHED PROMPTLY TO THE UNSUCCESSFUL LOW BIDDER. DO NOT THINK THE NOTICE IN THIS CASE COMPLIED WITH THIS REQUIREMENT OF ASPR. WHILE THIS DOES NOT CONSTITUTE A BASIS FOR QUESTIONING THE VALIDITY OF THE AWARD, WE ARE BRINGING THIS MATTER TO YOUR ATTENTION FOR FUTURE PROCUREMENTS SO THAT APPROPRIATE STEPS MAY BE TAKEN TO ASSURE THAT UNSUCCESSFUL LOW BIDDERS WILL BE PROMPTLY NOTIFIED OF THE REJECTION OF THEIR BIDS.

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