B-142676, JUL. 7, 1960

B-142676, JUL. 7, 1960

TO THE SPRING CITY ELECTRICAL MFG.CO.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 21, 1960, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION OF MAY 27, 1960, IN WHICH WE CONSIDERED YOUR PROTEST AGAINST THE AWARD TO ANOTHER BIDDER OF A CONTRACT UNDER INVITATION FOR BIDS NO. 0-3418B1, ISSUED BY THE FEDERAL AVIATION AGENCY.

THE FACTS IN THIS CASE WERE SET OUT GENERALLY IN OUR DECISION OF MAY 27, 1960, AND WILL NOT BE REPEATED IN FULL DETAIL. SUPPLEMENTAL INFORMATION ON THIS MATTER WAS FURNISHED YOU BY THE FEDERAL AVIATION AGENCY IN ITS LETTER OF JUNE 13, 1960, TO YOU, WHICH EXPLAINS WHY THE ESTIMATED QUANTITY OF BUSHINGS CALLED FOR UNDER ITEM NO. 1 OF THE INVITATION WAS REDUCED FROM 23,000--- ESTIMATED AS OF DECEMBER 14, 1959--- TO 15,000, ESTIMATED AS REQUIRED AFTER JUNE 25, 1960, THE DATE ON WHICH DELIVERIES COULD BE MADE UNDER THE NEW CONTRACT. YOUR PROTEST WAS BASED ON THE ALLEGATION THAT THE REDUCTION OF THE NUMBER OF BUSHINGS PURCHASED UNDER ITEM NO. 1 RESULTED IN MAKING YOUR BID THE SECOND LOWEST RECEIVED AND YOU IMPLIED THAT THERE WAS NO BASIS FOR SUCH A REDUCTION.

YOU WERE INFORMED THAT AS OF JUNE 13, 1960, INSTALLATIONS OF APPROACH LIGHTING SYSTEMS WERE COMPLETED OR WERE UNDERWAY AT 28 LOCATIONS IN WHICH MAKE-SHIFT SEALS AVERAGING ABOUT 200 AT EACH LOCATION WERE BEING USED TO SEAL THE UNDERGROUND CONDUITS. ALSO, YOU WERE ADVISED THAT ABOUT 12 MORE SYSTEMS WOULD BE INSTALLED BEFORE DELIVERY OF THE BUSHINGS CALLED FOR UNDER ITEM NO. 1 COULD BE EXPECTED, WHICH WOULD RESULT IN A TOTAL OF 40 INSTALLATIONS WHICH WOULD NOT REQUIRE THE NEW BUSHINGS OR A TOTAL REDUCTION OF 8,000 BUSHINGS. YOU WERE ADVISED THAT THESE INSTALLATIONS, COMPLETED OR UNDERWAY, WOULD NOT BE BACK FITTED WHEN THE NEW BUSHINGS WOULD BE AVAILABLE. ALSO, YOU WERE EXTENDED AN INVITATION TO VISIT ANY OF THE PROJECTS LISTED TO EXAMINE THE INSTALLATIONS BUT SINCE THE BUSHINGS WERE ENCASED IN CONCRETE AND BURIED FLUSH WITH THE SURFACE OF THE GROUND IT WOULD NOT BE POSSIBLE TO MAKE A COMPLETE INSPECTION. IN ORDER TO MAKE A COMPLETE INSPECTION OF THE UNITS IT WOULD BE NECESSARY TO DE-ENERGIZE THE SYSTEMS AND REMOVE CERTAIN OF THE FIXTURES WHICH WOULD DECOMMISSION THE AIRPORT APPROACH LIGHTING SYSTEM WHICH IS REQUIRED FOR THE SAFETY OF AIR NAVIGATION. THE ADMINISTRATIVE OFFICE FEELS THAT IT CANNOT AFFORD TO PERMIT THIS COMPLETE INSPECTION.

IN VIEW OF THE FOREGOING, WE AGAIN MUST STATE THAT WE FIND NO BASIS FOR CONCLUDING THAT THE AWARD IN THIS CASE WAS IMPROPER.