B-127801, JUN. 8, 1956
Highlights
TO CORBIN DYKES ELECTRIC COMPANY: REFERENCE IS MADE TO YOUR TELEGRAM RECEIVED HERE ON JUNE 7. THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY TO MR. IT IS NOT A COMPLETE OVER- ALL PRICE AND SHOULD BE REJECTED. THE ALTERNATE BID OF GENERAL ELECTRIC COMPANY IS PROPER UNDER THE TERMS OF THE INVITATION. WHILE NO DEFINITE STATEMENT IS MADE WITH RESPECT TO THE ALTERNATE BID OF GENERAL ELECTRIC COMPANY. IT APPEARS THAT SUCH BID ALSO IS CONSIDERED TO COMPLY WITH ENGINEERING REQUIREMENTS. WE HAVE NO TECHNICAL KNOWLEDGE OR FIRST- HAND INFORMATION REGARDING THE ADVANTAGES OR DISADVANTAGES OF VARIOUS TYPES OF COMMUNICATION FACILITIES. IT HAS BEEN CONSISTENTLY HELD THAT SUCH MATTERS ARE PRIMARILY FOR ADMINISTRATIVE DETERMINATION.
B-127801, JUN. 8, 1956
TO CORBIN DYKES ELECTRIC COMPANY:
REFERENCE IS MADE TO YOUR TELEGRAM RECEIVED HERE ON JUNE 7, 1956, PROTESTING AGAINST THE CONSIDERATION OF THE BIDS SUBMITTED BY WESTINGHOUSE ELECTRIC CORPORATION AND GENERAL ELECTRIC COMPANY IN RESPONSE TO INVITATION NO. DC-4602 ISSUED BY THE BUREAU OF RECLAMATION COVERING THE CONSTRUCTION OF A MULTICHANNEL MICROWAVE RADIO COMMUNICATION SYSTEM BETWEEN PHOENIX, ARIZONA, AND PARKER DAM, CALIFORNIA.
WITH RESPECT TO YOUR PROTEST AGAINST THE CONSIDERATION OF THE BID OF WESTINGHOUSE ELECTRIC CORPORATION DUE TO THE QUALIFYING PROVISION INCLUDED IN THE BID, THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY TO MR. L. N. MCCLELLAN, CONTRACTING OFFICER.
YOU STATE THAT THE ALTERNATE BID OF GENERAL ELECTRIC COMPANY IN THE AMOUNT OF $227,363 DOES NOT INCLUDE THE COST OF PROVIDING THE NECESSARY POWER AT CERTAIN STATIONS AND THAT, THEREFORE, IT IS NOT A COMPLETE OVER- ALL PRICE AND SHOULD BE REJECTED. SO FAR AS APPEARS FROM THE INFORMATION BEFORE THIS OFFICE, THE ALTERNATE BID OF GENERAL ELECTRIC COMPANY IS PROPER UNDER THE TERMS OF THE INVITATION, EVEN THOUGH THERE MAY BE CERTAIN ELEMENTS WITH RESPECT TO PROVIDING POWER TO BE TAKEN INTO CONSIDERATION IN EVALUATING THE BID IN ACCORDANCE WITH PARAGRAPH 38/A) OF THE SPECIFICATIONS.
YOU ALSO PROTEST AGAINST THE CONSIDERATION OF THE BIDS SUBMITTED BY WESTINGHOUSE AND GENERAL ELECTRIC ON THE BASIS THAT THEY DO NOT FOLLOW THE INTENT OF THE SPECIFICATIONS IN PROVIDING A GOOD SOLID COMMUNICATION FACILITY BETWEEN PARKER DAM AND PHOENIX.
THE CONTRACTING OFFICER REPORTS THAT THE WESTINGHOUSE BID COMPLIES WITH ALL IMPORTANT ENGINEERING REQUIREMENTS OF THE INVITATION. WHILE NO DEFINITE STATEMENT IS MADE WITH RESPECT TO THE ALTERNATE BID OF GENERAL ELECTRIC COMPANY, IT APPEARS THAT SUCH BID ALSO IS CONSIDERED TO COMPLY WITH ENGINEERING REQUIREMENTS. WE HAVE NO TECHNICAL KNOWLEDGE OR FIRST- HAND INFORMATION REGARDING THE ADVANTAGES OR DISADVANTAGES OF VARIOUS TYPES OF COMMUNICATION FACILITIES. IT HAS BEEN CONSISTENTLY HELD THAT SUCH MATTERS ARE PRIMARILY FOR ADMINISTRATIVE DETERMINATION. NOTHING IN THE RECORD BEFORE US APPEARS TO WARRANT OUR OBJECTING TO THE ADMINISTRATIVE CONSIDERATION OF SUCH BIDS FOR AWARD, AND IT IS PRESUMED THAT THE MATTERS REFERRED TO BY YOU WILL BE GIVEN FULL CONSIDERATION BEFORE ANY AWARD IS MADE.