B-234616, Mar 2, 1989, 89-1 CPD 230
Highlights
The bid is nonresponsive and may not be corrected after bid opening. The firm contends that it should be allowed to correct its bid because its 60-day specification was an inadvertent. Sec. 21.3(m) (1988) because it is clear on the face of the protest that it is without merit. A provision in a sealed bid solicitation requiring that a bid remain available for the government's acceptance for a 90-day period in order to be considered for award is a material requirement. Since Roadrunner's bid was thus nonresponsive. GSA was required to reject it and to refuse Roadrunner's offer to correct it after bid opening. Roadrunner claims that if it is allowed to correct its bid. It is well- established.
B-234616, Mar 2, 1989, 89-1 CPD 230
PROCUREMENT - Sealed Bidding - Bids - Responsiveness - Acceptance time periods - Deviation DIGEST: Where a bid offers a minimum bid acceptance period of 60 days in response to a sealed bid solicitation requiring 90 days, the bid is nonresponsive and may not be corrected after bid opening.
Roadrunner Moving & Storage, Inc.:
Roadrunner Moving & Storage, Inc., protests the rejection of its bid under invitation for bids (IFB) No. 7FXI-B6-88-S001-S, issued by the General Services Administration (GSA) for moving, packing, crating and accessorial services connected with its office relocations. The solicitation required a minimum bid acceptance period of 90 days; however, Roadrunner's bid specified a 60-day acceptance period. The firm contends that it should be allowed to correct its bid because its 60-day specification was an inadvertent, clerical error.
We summarily dismiss the protest pursuant to our Bid Protest Regulations (4 C.F.R. Sec. 21.3(m) (1988) because it is clear on the face of the protest that it is without merit.
A provision in a sealed bid solicitation requiring that a bid remain available for the government's acceptance for a 90-day period in order to be considered for award is a material requirement, and hence it must be complied with at bid opening for the bid to be responsive. San Sierra Business Systems, B-233858, Dec. 27, 1988, 88-2 CPD Para. 629. Since Roadrunner's bid was thus nonresponsive, GSA was required to reject it and to refuse Roadrunner's offer to correct it after bid opening. See Master Security, Inc., B-225719; B-225720, Feb. 26, 1987, 87-1 CPD Para. 226.
Roadrunner claims that if it is allowed to correct its bid, then GSA would benefit by receiving quality service at the best price. It is well- established, however, that the importance of maintaining the integrity of the competitive bidding process outweighs any pecuniary advantage that GSA might gain by accepting a nonresponsive bid. See Sac & Fox Industries, Ltd., B-231873, Sept. 15, 1988, 88-2 CPD Para. 250.
The protest is dismissed.