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B-184904 1 (1975-12-30)

handle is hein.gao/gaobaddtx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES ,jWASHINGTON, 0. C. 20546B FILE: B-184904 DATE: December 30,1975 MATTER OF: Imperial Eastman Corporation DIGEST: Where IFB required delivery within 280 days after date of award, telegraphic bid offering delivery 280 days after receipt of award was properly rejected as nonresponsive, where solicitation contained provision for evaluation of bids offering delivery based upon date of receipt of con- tract or notice of award (rather than contract date) by adding the maximum number of days normally required for delivery of the award through the mails. Thus evaluated, protester's bid exceeded the required delivery schedule. Imperial Eastman Corporation (Imperial) has protested the rejection of its low telegraphic bid as nonresponsive, and the subsequent award of a contract to Container Service, Inc. (CSI), the second low bidder, under invitation for bids No. DSA700-75- B-2685, issued by the Defense Supply Agency, Defense Construction Supply Center (DCSC), Columbus, Ohio. The subject IFB, which called for the supply of tube-pipe fitting kits, required delivery within 280 days after date of award. Upon the opening of bids on July 30, 1975, it was dis- covered that Imperial's low telegraphic bid stated, in part, delivery terms of 280 days after receipt of award /emphasis added7. However, a signed bid form, which was received as a con- firming bid after the time set for bid opening, took no exception to the IFB's delivery requirements. The agency advised Imperial that the confirming bid could not be considered in determining the responsiveness of the timely telegraphic bid due to its untimely receipt. The timely telegraphic bid was rejected as nonresponsive pursuant to Armed Services Procurement Regulation (ASPR) @ 2-404.2(c)(1974 ed.) which requiresrejection of any bid which fails to conform to the delivery schedule. Counsel for Imperial has contended that the bid was improperly rejected and that the contracting officer failed to follow the procurement regulations applicable to an apparent minor informality, irregularity, or mistake in bid. PUDLISHED DECISION b5 Comp. Gen.

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