B-206932, APR 16, 1982
Highlights
DESTINATION BIDS IS REQUIRED WHERE BID SPECIFIES THAT DELIVERY WILL BE F.O.B. A&H CONTENDS THAT THIS MISTAKE IS INSIGNIFICANT. WE HAVE HELD THAT WHERE A SOLICITATION REQUIRES THAT BIDS BE SUBMITTED ON AN F.O.B. A BID WHICH SPECIFIES THAT DELIVERY WILL BE F.O.B. ORIGIN IS NONRESPONSIVE. SINCE THE EXCEPTION TAKEN BY A&H TO THE DELIVERY REQUIREMENT OF THE IFB IS A MATERIAL ONE AFFECTING THE SUBSTANCE OF THE BID. A&H'S BID WAS PROPERLY REJECTED AS NONRESPONSIVE. REJECTION OF THE BID IS REQUIRED EVEN WHERE THE BIDDER ALLEGES THAT THE INCORRECT DELIVERY TERM WAS INCLUDED THROUGH CLERICAL ERROR. IT IS APPARENT FROM THE PROTESTER'S INITIAL SUBMISSION THAT THE CONTRACTING OFFICER CORRECTLY REJECTED THE BID AS NONRESPONSIVE.
B-206932, APR 16, 1982
DIGEST: REJECTION OF BID AS NONRESPONSIVE TO THE IFB SOLICITING F.O.B. DESTINATION BIDS IS REQUIRED WHERE BID SPECIFIES THAT DELIVERY WILL BE F.O.B. ORIGIN AND BID MAY NOT BE CORRECTED.
A&H PRECISION PRODUCTS, INC.:
A & H PRECISION PRODUCTS, INC. (A&H), PROTESTS THE REJECTION OF ITS LOW BID AS NONRESPONSIVE TO INVITATION FOR BIDS (IFB) NO. DAAA09-82-B 0220 ISSUED BY THE UNITED STATES ARMY ARMAMENT MATERIEL READINESS COMMAND.
A&H CONTENDS THAT IT MISTAKENLY BID ON AN F.O.B. ORIGIN BASIS RATHER THAN ON AN F.O.B. DESTINATION BASIS AS REQUIRED BY THE IFB. A&H CONTENDS THAT THIS MISTAKE IS INSIGNIFICANT. FOR THE FOLLOWING REASONS, WE SUMMARILY DENY THE PROTEST.
WE HAVE HELD THAT WHERE A SOLICITATION REQUIRES THAT BIDS BE SUBMITTED ON AN F.O.B. DESTINATION BASIS, A BID WHICH SPECIFIES THAT DELIVERY WILL BE F.O.B. ORIGIN IS NONRESPONSIVE. SEE EMPIRE GENERATOR CORPORATION, B-205194, MARCH 1, 1982, 82-1 CPD . BY OFFERING THE SUPPLIES ON AN F.O.B. ORIGIN BASIS INSTEAD OF AN F.O.B. DESTINATION BASIS, A&H SHIFTED THE RISK OF LOSS OR DAMAGE TO THE SUPPLIES WHILE IN TRANSIT TO THE GOVERNMENT, A BURDEN WHICH THE IFB'S F.O.B. DESTINATION CLAUSE SPECIFICALLY PLACED ON THE CONTRACTOR. SINCE THE EXCEPTION TAKEN BY A&H TO THE DELIVERY REQUIREMENT OF THE IFB IS A MATERIAL ONE AFFECTING THE SUBSTANCE OF THE BID, A&H'S BID WAS PROPERLY REJECTED AS NONRESPONSIVE. BARBER-COLMAN COMPANY, B-203132, AUGUST 11, 1981, 81-2 CPD 122.
REJECTION OF THE BID IS REQUIRED EVEN WHERE THE BIDDER ALLEGES THAT THE INCORRECT DELIVERY TERM WAS INCLUDED THROUGH CLERICAL ERROR. NONRESPONSIVE BID MAY NOT BE CURED THROUGH MISTAKE-IN-BID CORRECTION PROCEDURES. SPERRY-UNIVAC, B-200378, JANUARY 22, 1981, 81-1 CPD 38.
IT IS APPARENT FROM THE PROTESTER'S INITIAL SUBMISSION THAT THE CONTRACTING OFFICER CORRECTLY REJECTED THE BID AS NONRESPONSIVE. ACCORDINGLY, WE SUMMARILY DENY THE PROTEST.