B-220852, OCT 28, 1985, 85-2 CPD 478
Highlights
THE AGENCY REJECTED B&B'S BID BECAUSE B&B OFFERED A 38-FOOT BOAT WHICH DID NOT HAVE THE REQUIRED HYDRAULIC WINCH AND A-FRAME. THE AGENCY ALSO STATED THAT THE BOAT OFFERED WAS NOT PAINTED ACCORDING TO THE SOLICITATION REQUIREMENTS. A BID MUST CONTAIN AN UNEQUIVOCAL OFFER TO PROVIDE THE REQUESTED ITEM IN TOTAL CONFORMANCE WITH THE MATERIAL TERMS OF THE SOLICITATION AND ANY BID THAT DOES NOT CONFORM IS NONRESPONSIVE AND MUST BE REJECTED. THAT REQUIREMENT IS MATERIAL BECAUSE. WE CONCLUDE THAT B&B'S BID WAS PROPERLY REJECTED AS NONRESPONSIVE BECAUSE IT OFFERED A 38-FOOT BOAT. THE PROTEST IS DISMISSED.
B-220852, OCT 28, 1985, 85-2 CPD 478
BIDS - RESPONSIVENESS - TEST TO DETERMINE - UNQUALIFIED OFFER TO MEET ALL SOLICITATION TERMS DIGEST: 1. IN ORDER TO BE RESPONSIVE A BID MUST CONTAIN AN UNEQUIVOCAL OFFER TO PROVIDE THE REQUESTED ITEM IN TOTAL CONFORMANCE WITH THE MATERIAL TERMS OF THE SOLICITATION. AN OFFER TO PROVIDE A 38-FOOT BOAT IN RESPONSE TO A REQUIREMENT FOR A 36-FOOT BOAT, WHERE BOAT MUST MANEUVER IN A TIGHT WORK AREA, RENDERS THE BID NONRESPONSIVE. CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE FUNCTION - INDEPENDENT INVESTIGATION AND CONCLUSIONS 2. GAO DOES NOT CONDUCT INVESTIGATIONS UNDER ITS BID PROTEST FUNCTION TO ASCERTAIN WHETHER A PROTESTER HAS A BASIS FOR PROTEST.
B&B BOAT BUILDING, INC.:
B&B BOAT BUILDING, INC. PROTESTS THE REJECTION OF ITS LOW BID UNDER INVITATION FOR BIDS NO. 5-S1-30-03770 ISSUED BY THE BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR, FOR A 36-FOOT BOAT.
THE AGENCY REJECTED B&B'S BID BECAUSE B&B OFFERED A 38-FOOT BOAT WHICH DID NOT HAVE THE REQUIRED HYDRAULIC WINCH AND A-FRAME. THE AGENCY ALSO STATED THAT THE BOAT OFFERED WAS NOT PAINTED ACCORDING TO THE SOLICITATION REQUIREMENTS.
B&B DOES NOT ARGUE THAT IT MET THE SOLICITATION REQUIREMENTS REGARDING THE LENGTH OF THE BOAT AND PAINT. IT DOES, HOWEVER, CONTEND THAT THE SOLICITATION DOES NOT SPECIFICALLY REQUIRE A HYDRAULIC EXTENSION/RETRACTION SYSTEM.
IN ORDER TO BE RESPONSIVE, A BID MUST CONTAIN AN UNEQUIVOCAL OFFER TO PROVIDE THE REQUESTED ITEM IN TOTAL CONFORMANCE WITH THE MATERIAL TERMS OF THE SOLICITATION AND ANY BID THAT DOES NOT CONFORM IS NONRESPONSIVE AND MUST BE REJECTED. ASHLAND CHEMICAL CO., B-216954, MAY 16, 1985, 85-1 CPD PARA. 555. HERE, THE AGENCY STATES, AND THE PROTESTER DOES NOT DENY, THAT B&B'S BID DID NOT MEET THE REQUIREMENT THAT THE BOAT BE 36 FEET LONG; THAT REQUIREMENT IS MATERIAL BECAUSE, THE AGENCY INDICATES, THE BOAT MUST MANEUVER IN A TIGHT WORK AREA. CONSEQUENTLY, WE CONCLUDE THAT B&B'S BID WAS PROPERLY REJECTED AS NONRESPONSIVE BECAUSE IT OFFERED A 38-FOOT BOAT. WE THEREFORE SEE NO REASON TO DISCUSS THE REMAINING TWO BASIS FOR REJECTION.
B&B ALSO COMPLAINS OF ITS TREATMENT UNDER TWO OTHER UNSPECIFIED BUREAU OF RECLAMATION PROCUREMENTS AND REQUESTS AN INVESTIGATION. THIS OFFICE DOES NOT CONDUCT INVESTIGATIONS UNDER ITS BID PROTEST FUNCTION TO ASCERTAIN WHETHER A PROTESTER HAS A BASIS FOR A PROTEST. SYLVAN SERVICE CORP., B-219077, JUNE 17, 1985, 85-1 CPD PARA. 694.
THE PROTEST IS DISMISSED.