About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-186918 1 (1976-08-26)

handle is hein.gao/gaobaddvc0001 and id is 1 raw text is: MATTETHE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-186918 DATE: August 26, 1976 MATTER OF: Dubie-Clark Company DIGEST: 1. Bid taking exception to liquidated damages provision of IFB was properly rejected as nonresponsive since contract awarded upon basis of such bid would not be contract offered to all prospective bidders. 2. Bidder's post-bid-opening offer to substitute liquidated damages amounting to $26,829 in lieu of $400 a day as required in IFB may not be considered. Since bid was nonresponsive, alteration of bid after bid opening would be tantamount to permitting substitution of new bid. On May 24, 1976, the Office of the Architect of the Capitol invited competitive bids under invitation for bids (IFB) No. 7652 for the procurement of chilled water and condenser water pumping units for a new refrigeration plant modifying and enlarging the Capitol Power Plant. Four bids were received and opened on June 30, 1976. The low bid was submitted by the Dubie-Clark Company. That bid, however, contained certain exceptions to the specifications includ- ing an exception to Item 2.4 of the Special Conditions pertaining to liquidated damages. By letter dated July 7, 1976, Dubie-Clark was advised that its exceptions to the IFB appeared to qualify its bid to a material extent and, therefore, rejection of its bid as non- responsive was required. In a letter dated July 8, 1976, Dubie-Clark protested the con- templated award of the contract to the second low bidder. In that letter, Dubie-Clark states that it took exception to Item 2.4, which provides that the contractor shall be liable to the Government for liquidated damages at the rate of $400 for each calendar day of delay, and agreed to liquidated damages amounting to 5 percent of its bid or $26,829 in lieu of $400 a day. Dubie-Clark also states that the IFB permits the Government to accept late modifications of otherwise suc- cessful bids as long as the terms are more favorable to the Govern- ment. -91 -

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most