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B-187614 1 (1976-11-09)

handle is hein.gao/gaobadegl0001 and id is 1 raw text is: (1J STHE CGIVIPTRLt.E -CdNEFRAL DECISION . * OF THE LJNITED1 STATES WASHINGTDN, 0.0. 2054B FILE: B-187614 DATr2*I. Noesnber 9, 1976 MATTER OF: Key Power Systems, Inc. DIGEST: Procuring activity properly rejected low bid an nonresponsive where company quotation form attached to bid of low bidder stated that delivery would be 60 days after receipt of written contract and IFB arecifically required delivery 60 days after date of contract since bid imposed a conditica which aiffered materially from terms of solicitation Key Power System, Inc. (Key),protests the rejection of its low bid and the subsequent award of a contract to another bidder unter invitation for bids (TE3) AMC 7T-7, issued by the United States Department of Commerce, National Oceanic and Atmospheric Adminis- tration (NOAA). Atlantic Marine Center, National Ocean Surley, Norfolk, Virginia. The IVB,issued on August 19, 1976. colicited bids -or one 150-KW AC diesel generator. Key states that its bid of $15,317 was the lowest received at the September 10, 1976, btd opening. However, by letter dated September 29, 1976, NOAA advised Key that the bid was nonresponsive because of the submission of it5 Quotation No. 2366 (incorporated as part of the bid) which specified that delivery would be made 60 days after receipt of written contract vhile the solicitation required delivery 60 days after the date of the contract. NOAA noted the bid was rejected pursuant to the provisions of Federal Procurement Regulations § 1-2.404-2 (1964 ed. amend. 121). The IFB advised bidders that delivery was desired within 30 days but required within 60 days of date of the contract (emphasis supplied). We note that bidders were specifically warned that bids offering proposed delivery under terms or conditions not within the 60-day required delivery period would be rejected. In this regard, bidders were placed on notice of how the 60-day period would be computed by the following language on page 3 of the IFB; Attention is directed to.paragraph 1.0 (d) of the Solicitation Instructions and Conditions of the Invitation for Bids, which provides that a written - 1- 11

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