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B-181929 1 (1975-02-12)

handle is hein.gao/gaobadcfi0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ( IJ OF THE UNITE3 STATES / WASHINGTON. D. C. 20548 FILE: B-181929 DATE: February 12,1v75 MATTER OF: E. R. Queen Company DIGEST: 1. Rejection of bid as nonresponsive to open ended delivery provision, which included no criteria upon which to evaluate bidder's stated time of shipment in excess of desired time and which can only result in uneven and unpredictable treat- ment of bidders, would normally require cancellation of award and readvertising. However, such action is not required where award was made on urgency basis and performance is in advanced stage. Agency advised, however, that such provision should not be included in future solicitations. 2. Award of contract on basis of urgency prior to resolution of protest was proper where expiration of only bid considered responsive would necessitate readvertisement delay of 60 to 90 days and such delay would threaten inundation of airport and would be basis of claim by Government construction con- tractor to whom items being procured were to be furnished as Government property. On May 2, 1974, invitation for bids (IFB) No. K-38, 037-0, was issued by the Department of Interior, Bureau of Reclamation, Engi- neering and Research Center, Denver, Colorado (Interior). The IFB, with an amendment of June 7, 1974, solicited bids for turbine type pumping units for Esquatzel Coulee Pumping Plant. Three bids were received and opened on the scheduled opening date, June 28, 1974. Both the low bid of Peerless Pacific Company and the second low bid of E. R. Queen Company (Queen) were rejected as nonresponsive to the IFB's delivery provision. Queen, in a timely manner, has protested to this Office the Bureau's rejection of its bid. Concerning the delivery provisions, as pertinent here, Section (d) of the solicitation read in part: Complete shipment of the turbine-type pumping units under the schedule will be made from a United States shipping point or points within _ _ calendar days after date of receipt of notice of award of contract. In accordance - 1 -

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