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B-186652 1 (1976-09-22)

handle is hein.gao/gaobadcym0001 and id is 1 raw text is: t THE COMPTROLLER GENERAL W~~I~RLJI ~OF THE UNITED S A E DECISIONl .STnw s nr me ATES WASHINGTON, D C. 20548 (NIT0O FILE: B-186652 DATE: September 22, 1976 MATTER OF: Chemtech Industries, Inc. DIGEST: Notation inserted in bid by bidder that price bid is subject to any ICC freight increases rendered bid nonresponsive. ASPR § 2-404.2(d)(i) (1975 ed.). Invitation for bids (IFB) No. DACW31-76-B-0026 was issued on April 23, 1976, by the Corps of Engineers for the procurement of 1,870 tons of hydrofluosilicic acid. Delivery was to be f.o.b. Dalecarlia Water Plant by railroad car or truck. Paragraph 22 of the Solicitation Instructions and Conditions, entitled TYPE OF CONTRACT CONTEMPLATED, provided: In the event an award is made, a firm fixed-price contract will be utilized. Bids were opened on May 26, and Chemtech Industries, Inc. (Chemtech), which bid on a railroad car delivery basis, was the apparent low bidder. Immediately beneath its bid price, Chemtech had inserted the notation: Material Price firm, delivered. Subject to any ICC rail increases. On May 27, after being notified by the procuring activity that its bid may be considered nonresponsive because of such notation, Chem- tech submitted a telegraphic modification of its bid in which it stated that its bid price would be firm, in accordance with the IFB requirements. However, Chemtech's bid was subsequently rejected as nonresponsive. By letter dated June 2, Chemtech filed a protest with this Office against such rejection, arguing that paragraph 22 of the Solicitation Instructions and Ccnditions did not require bidders to submit firm fixed-price bids, but only provided that award would be on a firm fixed-price basis. Thus, Chemtech contends that its bid as submitted was responsive to the IFB, and its telegraphic modification, which essentially deleted the condition imposed by Chemtech, can be.accepted. - 1 -

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