B-151155, MAY 24, 1963
Highlights
TO THE SECRETARY OF THE ARMY: WE ARE ENCLOSING A COPY OF OUR LETTER OF TODAY TO HUBER-WARCO COMPANY DENYING ITS PROTEST AGAINST REJECTION OF ITS LOW BID UNDER INVITATION FOR BIDS NO. ALSO ENCLOSED IS A COPY OF A LETTER DATED MAY 13. YOU WILL NOTE THAT AT PAGE 4 OF THE MAY 13 LETTER THE BIDDER SETS OUT THE BASIS FOR ITS BELIEF THAT THE COMMERCIAL GRADER BEING PRODUCED BY CATERPILLAR. WHICH THAT BIDDER PRESUMABLY EXPECTS TO OFFER IN THE EVENT ITS BID IS ACCEPTED. A BIDDER IS OF THE OPINION THAT NO COMMERCIAL ITEM WILL MEET THE SPECIFICATIONS. CLEARLY SETS OUT IN HIS BID THE AREAS IN WHICH HIS COMMERCIAL ITEMS WILL NOT MEET THE SPECIFICATIONS. IT IS OUR OPINION THAT IT WOULD BE IN THE INTEREST OF MAINTAINING CONFIDENCE IN THE COMPETITIVE BIDDING SYSTEM TO MAKE EVERY EFFORT TO ASSURE THE BIDDER THAT THE ITEMS PURCHASED FROM OTHER SUPPLIERS ARE.
B-151155, MAY 24, 1963
TO THE SECRETARY OF THE ARMY:
WE ARE ENCLOSING A COPY OF OUR LETTER OF TODAY TO HUBER-WARCO COMPANY DENYING ITS PROTEST AGAINST REJECTION OF ITS LOW BID UNDER INVITATION FOR BIDS NO. ENG-11-184-63-A-276.
ALSO ENCLOSED IS A COPY OF A LETTER DATED MAY 13, 1963, FROM THE PROTESTING BIDDER, WHICH COMMENTS UPON THE REPORT SUBMITTED TO THIS OFFICE BY HEADQUARTERS, ARMY MATERIEL COMMAND, UNDER DATE OF APRIL 30, 1963. YOU WILL NOTE THAT AT PAGE 4 OF THE MAY 13 LETTER THE BIDDER SETS OUT THE BASIS FOR ITS BELIEF THAT THE COMMERCIAL GRADER BEING PRODUCED BY CATERPILLAR, WHICH THAT BIDDER PRESUMABLY EXPECTS TO OFFER IN THE EVENT ITS BID IS ACCEPTED, CANNOT MEET THE TEST REQUIREMENTS OF MIL-G-804C.
WHERE, AS APPEARS IN THE INSTANT CASE, A BIDDER IS OF THE OPINION THAT NO COMMERCIAL ITEM WILL MEET THE SPECIFICATIONS, AND CLEARLY SETS OUT IN HIS BID THE AREAS IN WHICH HIS COMMERCIAL ITEMS WILL NOT MEET THE SPECIFICATIONS, IT IS OUR OPINION THAT IT WOULD BE IN THE INTEREST OF MAINTAINING CONFIDENCE IN THE COMPETITIVE BIDDING SYSTEM TO MAKE EVERY EFFORT TO ASSURE THE BIDDER THAT THE ITEMS PURCHASED FROM OTHER SUPPLIERS ARE, IN FACT, IN CONFORMITY WITH THE SPECIFICATION REQUIREMENTS. THEREFORE RECOMMEND THAT THE REQUEST OF HUBER-WARCO COMPANY TO HAVE A REPRESENTATIVE PRESENT AT THE TESTING OF ANY PREPRODUCTION MODEL SUBMITTED UNDER THIS PROCUREMENT, AS SET OUT AT PAGE 6 OF ITS MAY 13 LETTER, BE GRANTED.
THE ENCLOSURES RECEIVED WITH THE REPORT FROM HEADQUARTERS, ARMY MATERIEL COMMAND, DATED APRIL 30, 1963, ARE RETURNED.
SENATOR LAUSCHE AND CONGRESSMAN BETTS HAVE BEEN ADVISED OF OUR DECISIONS AND RECOMMENDATION IN THIS MATTER.