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B-186750 1 (1976-09-21)

handle is hein.gao/gaobadcyo0001 and id is 1 raw text is: 0k.LEf R G 7. THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-186750 DATE: September 21, 1976 MATTER OF: Southeastern Metal Fabrication 9?e DIGEST: Bidder's insertion of document containing escalation clause into bid package rendered bid nonresponsive because bidder has not offered firm fixed price. Bidder contends that document was included inadvertently and that facts show no intention to use clause. However, responsiveness of bid is determined from face of bid itself at time of bid opening and to allow bidder opportunity to explain bid after opening or to delete items from bid is tantamount to permitting sub- mission of second bid. Invitation for bids (IFB) No. DOT-CG-62203 was issued by the United States Coast Guard (Coast Guard) for the fabrication and assembly of daytank assemblies and assembly spares to be delivered to the United States Coast Guard Supply Center, Brooklyn, New York. The bid submitted by Southeastern Metal Fabrication (Southeastern) was the lowest of the ten bids received by the time of bid opening on April 22, 1976. A preaward survey of Southeastern was conducted on May 26, 1976, and the survey team recommended that award be made to Southeastern. How- ever, on or about June 15, 1976, the contracting officer in reviewing the Southeastern file found a single sheet of paper with the company letterhead which was undated and unsigned and bore the following typewritten statement in capital letters: ALL QUOTES ARE BASED ON CURRENT PRICES, ANY INCREASES IN PRICES WILL BE REFLECTED IN A COST INCREASE ON THAT PARTICULAR ITEM. The contracting officer determined that the statement quali- fied the price of the bid and rendered it nonresponsive. There- fore, he rejected the Southeastern bid and ruled that the document could not be withdrawn. Southeastern protested the contracting officer's determination on the basis that the document found its way into the bid envelope accidentally and there is no relationship between the extraneous -1-

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