B-218228.3, B-218228.4, APR 2, 1986
Highlights
THAT EXCEPTION APPLIES ONLY WHEN BOTH THE EVIDENCE OF THE ERROR AND THE INTENDED BID ON THE OMITTED ITEM ARE EVIDENT FROM THE FACE OF THE BID ITSELF AND A CONSISTENT PATTERN IN PRICING IS DISCERNIBLE. WE CONCLUDED THAT UNITED'S BID WAS RESPONSIVE. SINCE IT OMISSION OF OPTION PRICES FOR THE ONE FACILITY WAS AN OBVIOUS CLERICAL ERROR. WE NOTE THAT OUR RECOMMENDATIONS WILL NOT ADVERSELY AFFECT COLBAR'S RECORD AS A GOVERNMENT CONTRACTOR. THEY WILL.
B-218228.3, B-218228.4, APR 2, 1986
PRECIS-UNAVAILABLE
THE HONORABLE JIM SASSER:
UNITED STATES SENATE
WE REFER TO YOUR LETTER OF FEBRUARY 17, 1986 EXPRESSING INTEREST IN THE REQUEST FOR RECONSIDERATION OF OUR DECISION ON THE PROTEST OF UNITED FOOD SERVICES, INC., FILED BY COLBAR, INC. IN OUR INITIAL DECISION, WE SUSTAINED UNITED'S PROTEST CHALLENGING THE REJECTION OF ITS BID AS NONRESPONSIVE AND RECOMMENDED TERMINATION OF THE CONTRACT AWARDED TO COLBAR FOR FULL FOOD AND DINING SERVICES AT FORT KNOX, KENTUCKY. SEE UNITED FOOD SERVICES, INC., B-218228.3, DEC. 30, 1985, 65 COMP.GEN. ***, 85-2 CPD PARA. 727.
THE INVITATION FOR BIDS, NO. DABT23-85-B-0019, ISSUED BY THE DEPARTMENT OF THE ARMY, REQUIRED BIDDERS TO INCLUDE PRICES FOR FOOD AND SERVICES FOR EACH OF 120 DINING FACILITIES AT FORT KNOX FOR A BASE YEAR AND 4 OPTION YEARS. AN AMENDMENT TO THE SOLICITATION ADDED 3 DINING FACILITIES TO THOSE ALREADY ON THE BID SCHEDULE. UNITED PRICED THE BASE YEAR AND ALL OPTION YEARS FOR 2 OF THE ADDITIONAL FACILITIES AND SIGNED THE AMENDMENT; HOWEVER, UNITED OMITTED OPTION YEAR PRICES FOR THE THIRD FACILITY ADDED BY THE AMENDMENT.
IN OUR DECISION, WE RELIED ON A LIMITED EXCEPTION TO THE GENERAL RULE THAT A BID MUST BE REJECTED AS NONRESPONSIVE IF IT DOES NOT INCLUDE A PRICE FOR EVERY ITEM REQUESTED BY THE SOLICITATION. THAT EXCEPTION APPLIES ONLY WHEN BOTH THE EVIDENCE OF THE ERROR AND THE INTENDED BID ON THE OMITTED ITEM ARE EVIDENT FROM THE FACE OF THE BID ITSELF AND A CONSISTENT PATTERN IN PRICING IS DISCERNIBLE. WE CONCLUDED THAT UNITED'S BID WAS RESPONSIVE, SINCE IT OMISSION OF OPTION PRICES FOR THE ONE FACILITY WAS AN OBVIOUS CLERICAL ERROR. WE THEREFORE RECOMMENDED THAT UNITED BE ALLOWED TO STAND ON ITS ORIGINAL BID PRICE.
COLBAR DID NOT SHOW IN ITS REQUEST FOR RECONSIDERATION THAT OUR DECISION CONTAINED ERRORS OF LAW OR OF FACT, AND WE DENIED THE REQUEST IN COLBAR, INC.-- RECONSIDERATION, B-218228.4, FEB. 13, 1986, 86-1 CPD PARA. ***.
WE NOTE THAT OUR RECOMMENDATIONS WILL NOT ADVERSELY AFFECT COLBAR'S RECORD AS A GOVERNMENT CONTRACTOR. THEY WILL, HOWEVER, RESULT IN A COST SAVINGS TO THE FEDERAL GOVERNMENT OF APPROXIMATELY $7,000,000.