B-214187, FEB 14, 1984

B-214187, FEB 14, 1984

DIGEST: A BID OFFERING A 15-DAY BID ACCEPTANCE PERIOD RATHER THAN THE 30-DAY MINIMUM PERIOD REQUIRED BY THE SOLICITATION WAS PROPERLY REJECTED AS NONRESPONSIVE.

BRIDGEWATER CONSTRUCTION CORP.:

BRIDGEWATER CONSTRUCTION CORP. PROTESTS THE REJECTION OF ITS LOW BID FOR COMPUTER SITE PREPARATION (PROJECT 83-114) AS NONRESPONSIVE BY THE VETERANS ADMINISTRATION. THE BID WAS DETERMINED TO BE NONRESPONSIVE BECAUSE BRIDGEWATER HAD PROVIDED FOR A 15-DAY BID ACCEPTANCE PERIOD RATHER THAN FOR THE MINIMUM 30-DAY PERIOD REQUIRED BY THE SOLICITATION. BRIDGEWATER CONTENDS THAT THE SOLICITATION WAS CONFUSING WITH RESPECT TO THE BID ACCEPTANCE PERIOD, ALTHOUGH IT INSISTS THAT THE INSERTION OF 15 DAYS AS THE ACCEPTANCE PERIOD WAS THE RESULT OF A TYPOGRAPHICAL ERROR AND SHOULD BE WAIVED AS A MINOR INFORMALITY. BRIDGEWATER NOTES THAT AWARD WAS MADE WITHIN THE 15-DAY PERIOD ITS BID WAS OPEN FOR ACCEPTANCE.

WE SUMMARILY DENY THIS PROTEST.

A SOLICITATION REQUIREMENT THAT A BID REMAIN AVAILABLE FOR ACCEPTANCE BY THE GOVERNMENT FOR A PRESCRIBED PERIOD OF TIME TO BE CONSIDERED FOR AWARD IS A MATERIAL REQUIREMENT. A FAILURE TO COMPLY WITH SUCH A REQUIREMENT RENDERS A BID NONRESPONSIVE AND INELIGIBLE FOR CONSIDERATION FOR AWARD. THIS IS TRUE WHETHER OR NOT AWARD IS MADE WITHIN THE SHORTER ACCEPTANCE PERIOD. AMES CONSTRUCTION, INC., B-210578, FEBRUARY 14, 1983, 83-1 CPD 156. TO HOLD OTHERWISE WOULD UNFAIRLY PERMIT THE BIDDER, AFTER THE EXPIRATION OF THE TIME IT SET FOR BID ACCEPTANCE, TO ACCEPT THE CONTRACT OR, IF INTERVENING CIRCUMSTANCES, SUCH AS UNANTICIPATED COSTS INCREASES MADE ACCEPTANCE UNATTRACTIVE, TO REFUSE THE CONTRACT. ON THE OTHER HAND, BIDDERS COMPLYING WITH THE REQUIRED ACCEPTANCE PERIOD ARE BOUND TO THE PRICES BID FOR THE TIME STATED FOR ACCEPTANCE BY THE SOLICITATION. SEE SCIENCE AND TECHNOLOGY CORPORATION, B-210076, JANUARY 18, 1983, 83-1 CPD 65.

BRIDGEWATER'S CONTENTION THAT THE SOLICITATION IS CONFUSING IS ALSO WITHOUT MERIT. THE SOLICITATION'S PREPRINTED BID ACCEPTANCE PERIOD STATED THAT:

"THE UNDERSIGNED AGREES THAT, UPON WRITTEN ACCEPTANCE OF THIS BID ... WITHIN CALENDAR DAYS (** CALENDAR DAYS UNLESS A DIFFERENT PERIOD BE INSERTED BY THE BIDDER) AFTER THE DATE OF OPENING OF BIDS, HE WILL WITHIN 15 CALENDAR DAYS ... AFTER RECEIPT OF THE PRESCRIBED FORMS, EXECUTE STANDARD FORM 23, CONSTRUCTION CONTRACT, AND GIVE PERFORMANCE AND PAYMENT BONDS. ..."

BELOW THIS PROVISION, THE VA ADDED THE FOLLOWING:

"BIDS OFFERING LESS THAN 30 DAYS FOR ACCEPTANCE BY THE GOVERNMENT ... WILL BE CONSIDERED NONRESPONSIVE AND WILL BE REJECTED."

BRIDGEWATER CONTENDS THAT IT WAS CONFUSED BY THE 15 DAYS SPECIFIED IN THE PREPRINTED PORTION OF THE SOLICITATION (ALTHOUGH IT ASSERTS IT IS FAMILIAR WITH GOVERNMENT PROCUREMENT FORMS). WE FIND NO MERIT TO THIS ARGUMENT SIMPLY BECAUSE THE 15 DAYS PLAINLY REFERS TO THE PERIOD IN WHICH THE SUCCESSFUL BIDDER HAS TO SIGN A CONTRACT AND DELIVER THE PERFORMANCE AND PAYMENT BONDS. THE BID ACCEPTANCE PERIOD IS CLEARLY SET FORTH.

THE PROTEST IS SUMMARILY DENIED.