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B-182992 1 (1975-05-29)

handle is hein.gao/gaobadcjk0001 and id is 1 raw text is: - 0t.LER 4,9 THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES S V.. WASHINGTON. O.C. 20548 FILE: B-182992 DATE: May 29, 1975 MATTER OF: Dobbs Detroit Diesel, Inc. DIGEST: 1. Bid offering two-cycle engine when IFB requires four-cycle engine is nonresponsive and properly is for rejection. 2. Bids deviating from Government's bid acceptance terms, Default and Payment contract clause provisions and IFB warranty requirement and containing descriptive literature stating that specifications are subject to change are non- responsive. 3. Where no bidder is responsive to IFB for equipment having four-cycle engine no award can be made under IFB; however, before procurement is resolicited consideration should be given to revising specifications for equipment to allow two-cycle engine to be offered, since, all factors being equal, state of art of two-cycle engine could be equal of four-cycle engine. By letter of January 6, 1975, Dobbs Detroit Diesel, Inc. (Dobbs), protested against the rejection of its bid submitted under invitation for bids (IFB) 132-8818-L, issued by the United States Penitentiary, Leavenworth, Kansas. The IFB solicited bids for a 450 KW electrical diesel engine driven generating plant. The technical specifications, at paragraph 16B.6B, required a four-cycle diesel engine. The low bid submitted by Doba;toffered a two-cycle engine and it was therefore rejected as nonresponsive by the procuring activity. Dobbs protested to our Office that the bid should not have been rejected because the two-cycle engine will meet the performance requirements in the IFB specification. Our Office has held that, where an IFB specifies particular features for an engine, the failure of the equipment offered in a bid to conform to those features renders the bid nonresponsive and properly is for rejection. 51 Comp. Gen. 237 (1971). Therefore, the procuring activity action is sustained. - 1 -

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