B-149937, DEC. 5, 1962

B-149937, DEC. 5, 1962

TO CORNELL DESIGN CO., INC.:

IN YOUR LETTER OF SEPTEMBER 18, 1962, YOU PROTEST THE REJECTION OF YOUR LOW BID, SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 33-601 62-391, DESPITE THE ISSUANCE OF A CERTIFICATE OF COMPETENCY BY THE SMALL BUSINESS ADMINISTRATION PRIOR TO THE AWARD OF THE CONTRACT TO ANOTHER BIDDER.

THE SUBJECT INVITATION WAS ISSUED ON JUNE 7 AND OPENED ON JUNE 25, 1962, BY THE BASE PROCUREMENT DIVISION, WRIGHT-PATTERSON AIR FORCE BASE, OHIO. IT REQUESTED BIDS FOR THE FURNISHING OF TECHNICAL PERSONNEL, WITH SPECIFIED QUALIFICATIONS AND COMPETENCE, TO REPAIR, OVERHAUL, RECONDITION AND MAINTAIN GOVERNMENT-OWNED OR CONTROLLED DATA REDUCTIONS AND SPECIALIZED INTELLIGENCE EQUIPMENT. ALTHOUGH THE WRITTEN SPECIFICATIONS WERE AS PRECISE AS POSSIBLE, THE CONTRACTING AUTHORITIES REALIZED THAT BOTH THE SPECIFICATIONS AND THE RESUMES SUBMITTED IN RESPONSE TO THEM WERE AN INCOMPLETE BASIS FOR DETERMINING WHETHER THE BIDDERS WERE IN FACT OFFERING THE SERVICES OF PERSONNEL CAPABLE OF CARRYING OUT THE ASSIGNED TASK. THE INVITATION PROVIDED, THEREFORE, THAT APPLICANTS "SHOULD EXPECT TO BE INTERVIEWED AND BE GIVEN A PRACTICAL PERFORMANCE TEST TO SUBSTANTIATE THEIR QUALIFICATION.'

ALTHOUGH ONLY 10 BIDDERS WERE SOLICITED, BIDS WERE RECEIVED FROM 23 FIRMS. SUBSEQUENT TO OPENING THE BIDS, BUT PRIOR TO VERIFYING COMPLIANCE WITH THE SPECIFICATIONS, THE PROCURING ACTIVITY REQUESTED A FACILITIES CAPABILITY REPORT ON YOUR COMPANY, WHICH APPEARED TO BE THE LOW BIDDER. NEGATIVE REPORT WAS RECEIVED AND IT WAS DETERMINED THAT YOU SHOULD BE DISQUALIFIED AS NONRESPONSIBLE. ON AUGUST 16, 1962, HOWEVER, THE DEPARTMENT OF THE AIR FORCE WAS NOTIFIED THAT THE SMALL BUSINESS ADMINISTRATION HAD CERTIFIED YOUR COMPANY AS COMPETENT FOR THIS PROCUREMENT. RECOGNIZING THAT THE CERTIFICATE OF COMPETENCY OVERRULED AND SUPPLANTED THE ADVERSE FACILITIES CAPABILITY REPORT, THE CONTRACTING AUTHORITIES ASKED YOU TO SEND PROPOSED TECHNICAL PERSONNEL TO WRIGHT- PATTERSON FOR INTERVIEWS AND VERIFICATION OF THEIR QUALIFICATIONS. ON TWO OCCASIONS, SEPTEMBER 5 AND SEPTEMBER 12, YOU SENT APPLICANTS FOR THE THREE KEY JOBS. THE THREE MEN WERE INTERVIEWED BY TECHNICIANS AT THE PROCURING ACTIVITY WHO WOULD WORK SIDE BY SIDE WITH WHICHEVER APPLICANTS WERE HIRED, AND ALL THREE FAILED TO MEET THE JOB SPECIFICATIONS.

IN THE INTERVIEW CONDUCTED ON SEPTEMBER 12, 1962, WITH THE PARTY PROPOSED FOR THE JOB OF ANALOG TO DIGITAL ELECTRONICS TECHNICIAN, IT WAS LEARNED THAT THE APPLICANT HAD NEITHER FORMAL TRAINING IN THE USE OF NOR EXPERIENCE WITH THE SUBJECT EQUIPMENT OR COMPUTERS, AND THE APPLICANT ESTIMATED THAT IT WOULD TAKE HIM TWO YEARS BEFORE HE COULD START MAINTAINING THE EQUIPMENT. FURTHERMORE, HE STATED THAT "IT DOES NOT SEEM THAT I HAVE ENOUGH EXPERIENCE TO QUALIFY FOR THIS JOB.' THE PROCURING ACTIVITY AGREED.

IN SEPARATE INTERVIEWS CONDUCTED ON SEPTEMBER 5, 1962, THE PARTY PROPOSED FOR FOREMAN READILY ADMITTED THAT HE HAD NO EXPERIENCE WITH COMPUTERS AND LIMITED EXPERIENCE WITH MAGNETIC RECORDERS, AND THE PARTY PROPOSED FOR THE JOB OF RECORDER TECHNICIAN STATED THAT HE HAD NO EXPERIENCE IN VIDEO RECORDERS AND ONLY LIMITED KNOWLEDGE OF MAGNETIC RECORDERS. ON THE BASIS OF THESE INTERVIEWS, THE PROCURING ACTIVITY DETERMINED THAT NONE OF THE APPLICANTS HAD SUFFICIENT KNOWLEDGE OF THE EQUIPMENT TO COMMENCE ADEQUATE MAINTENANCE UPON THE EXPIRATION ON SEPTEMBER 30, 1962, OF THE THEN EXISTING CONTRACT. CONSEQUENTLY, YOUR BID WAS REJECTED AS NONRESPONSIVE, AND AWARD WAS MADE ON SEPTEMBER 14, 1962, TO THE BURROUGHS CORPORATION, THE NEXT LOWEST BIDDER, WHOSE KEY PERSONNEL WERE INTERVIEWED AND DETERMINED TO HAVE THE REQUISITE KNOWLEDGE AND SKILLS.

THE RECORD ESTABLISHES THAT YOUR BID WAS NOT REJECTED ON THE GROUNDS THAT YOUR FIRM WAS NONRESPONSIBLE. THE AIR FORCE ACCEPTS THE CERTIFICATE OF COMPETENCY BY THE SMALL BUSINESS ADMINISTRATION AS CONCLUSIVE ON THE QUESTION OF YOUR ABILITY TO MEET THE QUALITY, QUANTITY AND TIME REQUIREMENTS OF THE PROCUREMENT. SEE 38 COMP. GEN. 864. HOWEVER, THE CERTIFICATE OF COMPETENCY DID NOT PRESUME TO CERTIFY THAT YOU WOULD PERFORM, BUT ONLY THAT YOU COULD. UNITED STATES V. THOMPSON, 168 F.SUPP. 281, AFFIRMED 268 F.2D 426.

OUR DECISION B-137642, DATED FEBRUARY 24, 1959, IS SIMILAR IN ONE RESPECT TO THE INSTANT CASE. IN THAT DECISION WE SUSTAINED THE REJECTION OF A BID BY THE AIR FORCE AS NONRESPONSIVE, BECAUSE THE BIDDER FAILED TO ALLOCATE A SUFFICIENT NUMBER OF MAN-HOURS FOR VARIOUS MAINTENANCE OPERATIONS. VIEW OF THE GROUNDS FOR REJECTION, WE NOTED THAT IT WOULD SERVE NO PURPOSE TO ASK THE SMALL BUSINESS ADMINISTRATION TO EVALUATE THE CAPACITY OF THE FIRM. IT WAS CLEAR THAT EVEN IF THE REJECTED BIDDER WAS FOUND TO BE A RESPONSIBLE BIDDER WHICH COULD HAVE OFFERED A SUFFICIENT NUMBER OF MAN- HOURS TO PERFORM THE JOB AS REQUIRED BY THE SPECIFICATIONS, IT DID NOT DO SO. BY THE SAME TOKEN, WHILE WE MUST PRESUME BECAUSE OF THE CERTIFICATE OF COMPETENCY THAT YOU COULD HAVE OFFERED FOR INTERVIEWS APPLICANTS WHO MET THE REQUIREMENTS OF THE SPECIFICATIONS, YOU DID NOT DO SO. ACCORDINGLY, YOUR BID WAS PROPERLY REJECTED AS NONRESPONSIVE.

IN VIEW OF THE FOREGOING, THERE APPEARS NO PROPER BASIS FOR OBJECTION BY OUR OFFICE TO THE ACTION OF THE DEPARTMENT OF THE AIR FORCE IN AWARDING THE CONTRACT TO BURROUGHS CORPORATION AS THE LOWEST RESPONSIBLE BIDDER MEETING THE REQUIREMENTS OF THE INVITATION FOR BIDS.