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B-182992 1 (1975-05-29)

handle is hein.gao/gaobaadzb0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 B-182992 MAY 29 1975 The Honorable - The -Attorney General Dear Mr. Attorney General: We refer to a letter dated February 4, 1975, from the Regional Director, Kansas City Regional Office, Bureau of Prisons, furnish- ing a report in connection with a protest by Dobbs Detroit Diesel, Inc., against the rejection of its bid submitted in response to IFB 132-8818-L, issued by the United States Penitentiary, Leavenworth, Kansas. Enclosed is a copy of our decision of today concluding that all the bids are nonresponsive and recommending that before the procure- ment is resolicited the specifications be reviewed with a view toward amending them so as to allow a two-cycle engine to be offered. In addition, we note that the delivery clause on page 6 of the solicita- tion did not set any desired or required date of delivery but merely stated: DELIVERY DATE PROPOSED: (days) AFTER RECEIPT OF ORDER. We have held that this open-ended delivery provision is objection- able because it does not provide a definite standard against Which all bidders can be measured or on which all bids can be based. 51 Comp. Gen. 518 (1972). See also Federal Procurement Regulations 6 1-1.316-2 (1964 ed.) Accordingly, we recommend that in any future solicitation a definite delivery time be specified. We would appreciate advice of whatever action is taken on our recommendations. Sincerely yours, R. 7. KELLE Comptroller General Deputy: of the United States Enclosure

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