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B-192331 1 (1978-11-17)

handle is hein.gao/gaobadgpl0001 and id is 1 raw text is: A THE COfMCJTPICLLEPI GENERAL 13SISC1: 1 DIV OF Hi UNITUo 6TATA73a WAS-4:NCTON, D. C. 20o4n6 FIL.E: 8-192331 DATE. November 17, 1978 MATTER F: The R. II. Pines Corporation DIGEST: Where solicitation specifies delivery FOB destination and is silent as to mode of transportation, allegation that foreign supplier's intended shipment by charter ves:el inevitably will result in delivery of damaged pipe not in conformity with specificarions pertains to contractor's responsibility, not resoonsiveness cf offer. GAO no longar reviews affirmative determinations of responsibility absent exceptions not present here. Protest is denied. The P..H. ines Corporation (Pines) protLats the award of a contract to the British Steel Corporation (BSC) by the Defense Logistics Agency (DLA) for the purchase of three-quarter inch steel pipe to be delivered F.O.R. destination at Tracy, Caliornia, and Columbus, Ohio. The pipe is to be produced in the United Kingdom and shipped by BSC via charter vessel to United States ports for :ward shipment. Pines contends that shipment by chartet vessel will inevitably result in the delivery of damaged steel and thaL BSC therefore is unable to comply with the requirements of the solicitation. Pine,- contends BSC's offer was therefore nonLysponsive because BSC proposed to furnish supplies not Jr onformance witi the specifications and that correction A.d result in deiiveries outside the Lime period specified; Pin2S analogizes this to an offEror: whicn furnishes a bid sample not in accordance with the specifications. Pines also exoresses concarn that MfA is not requiring a clean bilA of Jading versus a claused Aill of Jading for the occan nhipmunt. . 1

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