B-158808, MAY 12, 1966

B-158808, MAY 12, 1966

TO THE SECRETARY OF THE ARMY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF NAUTICO-ELECTRONICS CO., ANNAPOLIS, MARYLAND, AGAINST THE AWARD OF A CONTRACT TO KAAR ELECTRONICS CORPORATION, BASED ON INVITATION FOR BIDS CIVENG-36-109-66-71 ISSUED BY THE UNITED STATES ARMY ENGINEER DISTRICT OF PHILADELPHIA, PENNSYLVANIA.

YOUR ATTENTION IS INVITED TO THE DESCRIPTIVE DATA REQUIREMENT IN PARAGRAPH 1.02 OF THE SPECIAL PROVISIONS, PAGE I-1, OF THE INVITATION. OUR PREVIOUS DECISIONS, REPORTED AT 42 COMP. GEN. 598 AND 42 COMP. GEN. 737, WE CONSIDERED SIMILAR DESCRIPTIVE DATA PROVISIONS. THEREIN WE HELD THAT A REQUIREMENT FOR BIDDERS TO FURNISH UNSPECIFIED DATA WHICH IS "SUFFICIENT" TO PROVE COMPLIANCE WITH THE SPECIFICATIONS MAY RENDER AN INVITATION DEFECTIVE FOR FAILURE TO PUT BIDDERS ON NOTICE OF THE EXTENT OF DETAIL WHICH THE AGENCY REQUIRED THE DESCRIPTIVE DATA TO INCORPORATE. (SEE PARAGRAPH 2-202.5 OF THE ARMED SERVICES PROCUREMENT REGULATION.) WHILE THIS PARTICULAR QUESTION HAD NOT BEEN RAISED BY NAUTICO-ELECTRONICS IN ITS PROTEST, AND IT IS DOUBTFUL WHETHER SUCH A QUESTION WOULD FORM A PROPER LEGAL BASIS FOR SUSTAINING THE PROTEST UNDER THE PARTICULAR FACTS HERE INVOLVED, IT IS RECOMMENDED THAT FUTURE INVITATIONS BE PREPARED IN ACCORDANCE WITH OUR CITED DECISIONS.

THIS MATTER WAS THE SUBJECT OF A REPORT (REF: ENGGC-C) DATED APRIL 15, 1966, SENT TO THIS OFFICE BY THE GENERAL COUNSEL, OFFICE OF THE CHIEF OF ENGINEERS AND THE FILE SENT THEREWITH IS RETURNED.