B-128699, JUL. 31, 1956

B-128699, JUL. 31, 1956

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1956, WITH ENCLOSURES, REQUESTING DECISION WHETHER IT WOULD BE PROPER TO ACCEPT THE BID SUBMITTED BY CRAFTSMAN PRESS, INC., IN RESPONSE TO INVITATION NO. JD IFB-383-2156-56 ISSUED BY THE AVIATION SUPPLY OFFICE, PHILADELPHIA, PENNSYLVANIA.

THE INVITATION REQUESTED BIDS FOR THE PROCUREMENT OF SERVICES AND MATERIALS NECESSARY FOR THE SHOOTING AND PREPARATION OF OFFSET NEGATIVES IN QUANTITIES AS ORDERED BY THE NAVAL AIR PUBLICATIONS FACILITY FOR THE PERIOD STARTING WITH THE DATE OF THE CONTRACT AND ENDING JUNE 30, 1957. TEN DIFFERENT TYPES OF NEGATIVES OR OPERATIONS WERE REQUIRED AND SET FORTH IN THE INVITATION AS ITEMS 1 THROUGH 10, LOT I; AND ITEMS 11 THROUGH 20, LOT II. AWARD IS TO BE MADE TO THE LOWEST AGGREGATE BIDDER BASED UPON THE ESTIMATED QUANTITIES SPECIFIED.

IN RESPONSE TO THE INVITATION CRAFTSMAN PRESS, INC., SUBMITTED A BID WITHOUT ANY EXCEPTIONS OR QUALIFICATIONS. HOWEVER, IT WAS NOTED UPON EXAMINING THE QUOTATIONS UNDER THE INDIVIDUAL ITEMS THAT THERE EXISTED A POSSIBILITY OF ERROR IN THE PRICES QUOTED UNDER ITEMS 10 AND 20 REQUIRING DUPLICATE NEGATIVES (GOVERNMENT-FURNISHED NEGATIVE FOR MAKING A CONTACT POSITIVE AND A CONTACT NEGATIVE) IN THAT THE PRICES QUOTED WERE PRACTICALLY THE SAME AS THOSE QUOTED UNDER ITEMS 1 AND 11 FOR NEGATIVES WHICH DO NOT REQUIRE USE OF A CONTACT POSITIVE. ALSO, THE ABSTRACT OF BIDS SHOWED THAT THE PRICES QUOTED BY ALL OF THE FIVE OTHER BIDDERS ON ITEMS 10 AND 20 WERE UNIFORMLY IN EXCESS OF THE PRICES QUOTED BY SUCH OTHER BIDDERS ON ITEMS 1 AND 11, IN MOST CASES THE DIFFERENCE BEING APPROXIMATELY 100 PERCENT.

IN LETTER DATED JUNE 21, 1956, THE REQUIREMENTS OF THE SPECIFICATIONS AS TO ITEMS 10 AND 20 AND THE FACT THAT THE BID PRICES ON THOSE ITEMS WERE PRACTICALLY THE SAME AS THE PRICES ON ITEMS 1 AND 11 WERE CALLED TO THE ATTENTION OF CRAFTSMAN PRESS, WHICH WAS REQUESTED TO CONFIRM ITS BID PRICES ON THE ITEMS AND THAT IT UNDERSTOOD THE SPECIFICATION REQUIREMENTS. BY LETTER DATED JUNE 22, 1956, CRAFTSMAN PRESS, INC., ADVISED, IN PART, AS FOLLOWS:

"IT WAS OUR INTENTION FOR A SAVING TO THE GOVERNMENT TO MAKE A BETTER CONTACT NEGATIVE BY USING KODAK AUTO-POSITIVE FILM. OUR EXPERIENCE WITH THIS PROCESS GIVES THE USER A BETTER AND DENSER NEGATIVE WITH TRUE RENDITION OF EVERY DOT.

"HOWEVER, IF YOUR FACILITY CANNOT USE THIS TYPE OF NEGATIVE, WE WILL HOLD TO OUR BID CONFIRMING ITEMS 10 AND 20 OR OUR BID IN ITS ENTIRETY AND THAT "DUPLICATE NEGATIVES WILL BE IN ALL RESPECTS IN ACCORDANCE WITH THE SPECIFICATION REQUIREMENTS AS SET FORTH IN THE REQUEST FOR BID.'"

IT IS REPORTED THAT THE KODAK AUTO-POSITIVE FILM PROCESS INTENDED BY CRAFTSMAN PRESS, INC., IS NOT IN ACCORDANCE WITH THE REQUIREMENTS OF THE SPECIFICATIONS, IS NOT ACCEPTABLE FOR THE PURPOSE INTENDED, AND HAS BEEN FOUND UNSATISFACTORY WHEN USED IN WORK PREVIOUSLY PROCURED.

IT HAS BEEN CONSISTENTLY HELD THAT DEVIATION OR QUALIFICATIONS OF A BID FROM THE ADVERTISED SPECIFICATIONS, WHICH GO TO THE SUBSTANCE OF THE BID SO AS TO AFFECT EITHER THE PRICE, QUANTITY OR QUALITY OF THE ARTICLE, MAY NOT BE WITHDRAWN BY A BIDDER AFTER THE BIDS HAVE BEEN OPENED. SEE 30 COMP. GEN. 178, 31 ID. 660.

IN THE INSTANT CASE, ALTHOUGH THE BID CONTAINED NO EXPRESS QUALIFICATION, THE PRICES QUOTED ON ITEMS 10 AND 20 WERE SUCH THAT IT WAS CLEARLY INDICATED THAT THE BIDDER HAD MADE AN ERROR OR WAS QUOTING ON A BASIS NOT COMPLYING WITH THE SPECIFICATION REQUIREMENTS. THE BIDDER HAS CONFIRMED THE FACT THAT ITS BID ON THOSE ITEMS WAS NOT BASED ON SPECIFICATION REQUIREMENTS. WHILE THE BIDDER HAS NOW AGREED TO ABIDE BY THE REQUIREMENTS AT THE SAME PRICES, THE ACCEPTANCE OF THE BID UNDER SUCH CIRCUMSTANCES WOULD BE CONTRARY TO THE RULE STATED ABOVE.

ACCORDINGLY, YOU ARE ADVISED THAT THE BID OF CRAFTSMAN PRESS, INC., SHOULD BE DISREGARDED.