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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER OF AUGUST 30. ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTANT. ORIGIN IS EVIDENCE THAT THE MATTER WAS NOT ENTIRELY CLEAR. THE EQUIPMENT COULD HAVE BEEN SHIPPED ON A GOVERNMENT BILL OF LADING AND ITS UNPACKING AND INSTALLATION COULD STILL HAVE BEEN THE RESPONSIBILITY OF THE SUPERVISING ERECTOR. IT WOULD BE WELL TO SPECIFY THAT BIDS ON ANY OTHER BASIS WILL BE REJECTED AS NONRESPONSIVE.

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B-151984, NOV. 4, 1963

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF AUGUST 30, 1963, FROM THE EXECUTIVE ASSISTANT (FACILITIES) TO THE ASSISTANT SECRETARY OF THE NAVY (INSTALLATIONS AND LOGISTICS), REPORTING ON THE PROTEST OF LENKURT ELECTRIC COMPANY, INC., AGAINST THE REJECTION OF ITS BID UNDER INVITATION FOR BIDS ISSUED WITH SPECIFICATIONS NO. 54803/63.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTANT.

WHILE WE AGREE THAT EVERYTHING IN THE INVITATION AND SPECIFICATIONS POINTED TO A DESIRE FOR BIDS F.O.B. DESTINATION, THE FACT THAT LENKURT BID F.O.B. ORIGIN IS EVIDENCE THAT THE MATTER WAS NOT ENTIRELY CLEAR. THE EQUIPMENT COULD HAVE BEEN SHIPPED ON A GOVERNMENT BILL OF LADING AND ITS UNPACKING AND INSTALLATION COULD STILL HAVE BEEN THE RESPONSIBILITY OF THE SUPERVISING ERECTOR.

IN ORDER TO INSURE CLARITY, IT WOULD APPEAR THAT THE LETTERS F.O.B. SHOULD ALWAYS BE FOLLOWED BY THE WORDS ORIGIN AND/OR DESTINATION, OR BY A SPECIFIC LOCATION. ALSO, SINCE SOME BIDDERS MAY NOT BE AWARE OF THE IMPORTANCE OF BIDDING IN EXACT ACCORDANCE WITH THE F.O.B. REQUIREMENTS OF THE INVITATION, IT WOULD BE WELL TO SPECIFY THAT BIDS ON ANY OTHER BASIS WILL BE REJECTED AS NONRESPONSIVE, AS PROVIDED IN PARAGRAPH 1 1305 OF ASPR.

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