B-120579, SEPTEMBER 13, 1954, 34 COMP. GEN. 122

B-120579, SEPTEMBER 13, 1954, 34 COMP. GEN. 122

BIDS - ACCEPTANCE OR REJECTION - CONFORMABILITY OF ARTICLES AN ADMINISTRATIVE OFFICE IS NOT REQUIRED TO WITHHOLD PROCUREMENT OF AN ITEM FOR PURPOSE OF TESTING NEW DEVICES WHICH HAVE NEVER BEEN MANUFACTURED, AND THEREFORE ADMINISTRATIVE REJECTION OF BID TO FURNISH STOOLS WITH PARTICULAR MECHANISM WHICH WAS NOT MANUFACTURED OR TESTED, BUT COULD BE EVALUATED ONLY BY DRAWINGS, WAS JUSTIFIED.

ACTING COMPTROLLER GENERAL KELLER TO INDUSTRIAL METAL FABRICATING COMPANY, SEPTEMBER 13, 1954:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 28, 1954, AND SUBSEQUENT CORRESPONDENCE, PROTESTING THE ACTION OF THE POST OFFICE DEPARTMENT IN REJECTING YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 2689 COVERING 12,000 ADJUSTABLE PLATFORM STOOLS.

THE RECORD SHOWS THAT THE POST OFFICE DEPARTMENT CONDUCTED EXPERIMENTS OVER A PERIOD OF SEVERAL YEARS TO FIND A STOOL HAVING QUALITIES ACCEPTABLE TO THE USER WITHIN REASONABLE FUNCTIONAL REQUIREMENTS. ABOUT A YEAR PRIOR TO THIS PROCUREMENT, COMPETITIVE BIDS WERE REQUESTED FOR THE PURCHASE OF 600 EXPERIMENTAL STOOLS. DURING THE DEVELOPMENT PERIOD NO INTEREST WAS SHOWN BY YOU IN THE PROJECT. AS THE RESULT OF THE EXPERIMENTS, IT WAS DETERMINED THAT A STOOL INCORPORATING THE ADJUSTING MECHANISM DEVELOPED BY THE ADJUSTO EQUIPMENT COMPANY MET THE NEEDS OF THE POSTAL SERVICE. INVITATION NO. 2293, ISSUED ON MARCH 9, 1954, BIDS WERE REQUESTED FOR 12,000 STOOLS INCORPORATING AN " ADJUSTO" MECHANISM. IN DECISION OF THIS OFFICE DATED APRIL 23, 1954, B 119456, 33 COMP. GEN. 524, THE POSTMASTER GENERAL WAS ADVISED THAT THE SPECIFICATIONS WERE RESTRICTIVE SINCE THEY PROVIDED ONLY FOR THE " ADJUSTO" MECHANISM WITHOUT GIVING POTENTIAL BIDDERS AN OPPORTUNITY TO QUOTE UPON A STOOL INCORPORATING A SIMILAR MECHANISM WHICH MIGHT MEET THE NEEDS OF THE POST OFFICE DEPARTMENT. THE BASIS OF THE DECISION, THE POST OFFICE CANCELLED THAT INVITATION.

BIDS AGAIN WERE REQUESTED BY INVITATION NO. 2689, ISSUED ON MAY 19, 1954, FOR THE 12,000 STOOLS. THE SPECIFICATIONS FOR THE ADJUSTING MECHANISM IN THIS INVITATION WERE DRAWN IN GENERAL TERMS. IN RESPONSE TO THE INVITATION, YOU SUBMITTED A BID OFFERING TO FURNISH STOOLS INCORPORATING AN ADJUSTMENT MECHANISM IN ACCORDANCE WITH CERTAIN DRAWINGS. IT IS REPORTED THAT THE MECHANISM WHICH YOU PROPOSED TO FURNISH WAS ONLY IN THE DRAWINGS STAGE AND HAS NEVER BEEN CONSTRUCTED OR TESTED. BASED ON THE DRAWINGS SUBMITTED, THE POST OFFICE DEPARTMENT DETERMINED THAT THE MECHANISM DID NOT PROVIDE THE BASIC FUNCTIONAL FEATURES REQUIRED AND THAT THE MECHANISM CONSTITUTED A SAFETY HAZARD IN THAT THE SEAT WOULD REMAIN IN A RAISED POSITION ABOVE THE POINT WHERE THE LOCKING CAMS HAD CEASED TO LOCK THE PEDESTAL SECURELY IN A SAFE-USE POSITION. IT WAS ACCORDINGLY DETERMINED THAT THE ADJUSTING MECHANISM WHICH YOU PROPOSED TO FURNISH WAS NOT ACCEPTABLE AND, THEREFORE, AWARD WAS MADE TO THE NEXT LOW BIDDER WHO PROPOSED TO FURNISH A STOOL INCORPORATING THE " ADJUSTO" MECHANISM.

YOUR PROTEST PRIMARILY IS BASED ON THE FACT THAT THE DETERMINATION TO REJECT YOUR BID WAS MADE BY THE POST OFFICE DEPARTMENT WITHOUT CONDUCTING A TEST OF THE ADJUSTING MECHANISM OFFERED AND IT IS ALLEGED THAT THE DEPARTMENT HAS REFUSED TO CONDUCT SUCH A TEST. AS STATED ABOVE, THE POST OFFICE DEPARTMENT DID ENGAGE IN EXTENSIVE TESTS PRIOR TO THE INSTANT ADVERTISEMENT. THE DEPARTMENT DESIRES TO PURCHASE AND HAS IMMEDIATE NEED FOR 12,000 STOOLS. IN EVALUATING THE BIDS RECEIVED UNDER THE PRESENT INVITATION, THE ONLY INFORMATION AVAILABLE TO THE DEPARTMENT AS TO YOUR MECHANISM WERE DRAWINGS AND OPERATING DESCRIPTIONS SUBMITTED BY YOU UPON THE BASIS OF WHICH IT WAS DETERMINED THAT THE MECHANISM MIGHT BE MECHANICALLY DEFICIENT. OBVIOUSLY, A PROCUREMENT MAY NOT BE HELD IN ABEYANCE INDEFINITELY FOR THE PURPOSE OF TESTING NEW DEVICES WHICH HAVE NEVER BEEN ACTUALLY MANUFACTURED. IT IS UNDERSTOOD THAT THE POST OFFICE DEPARTMENT HAS INDICATED ITS WILLINGNESS TO SUBJECT YOUR PRODUCT TO TESTS, IF AND WHEN IT HAS ACTUALLY BEEN MADE, FROM WHICH ITS SUITABILITY FOR FUTURE PROCUREMENTS CAN BE DEFINITELY JUDGED.

IN THE CIRCUMSTANCES, THERE IS NO LEGAL BASIS UPON WHICH THIS OFFICE WOULD BE WARRANTED IN OBJECTING TO THE ACTION TAKEN BY THE POST OFFICE DEPARTMENT REJECTING YOUR BID UNDER THE PRESENT PROCUREMENT.