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B-185034 1 (1976-04-13)

handle is hein.gao/gaobaddpo0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 0 M IS \ I NOF THE UNITED STATES WASHINGTON, D.C. 20548 - NIT FILE: B-185034 DATE: April 13, 1976 MATTER OF: A. C. Ball Company DIGEST: 1. Where invitation required delivery within 240 days, timely telegraphic bid which stated delivery would be 249 days as required was nonresponsive notwithstanding bidder's allegation that apparent clerical mistake was subject to correction pursuant to ASPR § 2-406.2, since bid which fails to meet IFB delivery schedule cannot be made responsive by changing offered delivery schedule and must be rejected for material deviation. Moreover since bid was nonresponsive it may not be corrected after bid opening since rules permitting correction of mistakes in bids are for application only when bid as submitted is responsive. 2. Telegraphic bid received after bid opening, while offering specified delivery time of 240 days, may not be considered since there is no evidence that its lateness was caused by mishandling by Government personnel after its receipt. The A. C. Ball Company (A. C. Ball) protests the awardof a contract to Bertot Industries, Inc. (Bertot), under invitation for bids (IFB) No. DSA700-75-B-2693, issued by the Defense Supply Agency, Defense Construction Supply Center (DSCS), Columbus, Ohio. Bids were solicited for eight (8) CLINs of Ring Assembly, NSN 4320-00-318-7241, to be delivered within 240 days after the date of award. DCSC's records indicate that the solicitation was sent to 59 firms including A. C. Ball. Since A. C. Ball alleges nonreceipt of the solicitation, it must be assumed that the firm's copy became lost in the mails. Nevertheless, A. C. Ball was one of the seven firms responding to the 10:30 a.m. time for bid opening on July 9, 1975. - 1 -

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