A-62698, MARCH 7, 1936, 15 COMP. GEN. 766

A-62698: Mar 7, 1936

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ADVERTISING - TIE BIDS - MULTIPLE AWARDS THERE IS NO OBJECTION TO MULTIPLE AWARD OF CONTRACTS TO BIDDERS WHOSE BIDS ARE IDENTICAL AS TO PRICE AND QUALITY WHERE THE BIDDERS HAVE DIFFERENT DISTRIBUTING POINTS WHICH MAKE IT ADVANTAGEOUS TO THE UNITED STATES TO ACCEPT A NUMBER OF SUCH BIDS FOR THE DELIVERY OF SUPPLIES. 1936: THERE WAS RECEIVED FEBRUARY 26. YOUR UNDATED LETTER AS FOLLOWS: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JANUARY 21. WITH REFERENCE TO THE STATEMENTS CONTAINED IN YOUR LETTER RELATIVE TO THE METHOD OF MAKING AWARDS TO MORE THAN ONE BIDDER WHERE THERE IS NO CHOICE AS TO QUALITY AMONG THE SEVERAL OFFERINGS OF SUCH BIDDERS. YOU ARE INFORMED THAT IT WAS DEEMED NECESSARY AND TO THE BEST INTERESTS OF THE GOVERNMENT TO MAKE AWARDS TO MORE THAN ONE BIDDER.

A-62698, MARCH 7, 1936, 15 COMP. GEN. 766

ADVERTISING - TIE BIDS - MULTIPLE AWARDS THERE IS NO OBJECTION TO MULTIPLE AWARD OF CONTRACTS TO BIDDERS WHOSE BIDS ARE IDENTICAL AS TO PRICE AND QUALITY WHERE THE BIDDERS HAVE DIFFERENT DISTRIBUTING POINTS WHICH MAKE IT ADVANTAGEOUS TO THE UNITED STATES TO ACCEPT A NUMBER OF SUCH BIDS FOR THE DELIVERY OF SUPPLIES. COMP. GEN. 233 DISTINGUISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, MARCH 7, 1936:

THERE WAS RECEIVED FEBRUARY 26, 1936, YOUR UNDATED LETTER AS FOLLOWS:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JANUARY 21, 1936, IN FURTHER REFERENCE TO THE PROTEST OF THE FALLS RUBBER COMPANY OF AKRON, INC., CONTRACT TPS 3202.

WITH REFERENCE TO THE STATEMENTS CONTAINED IN YOUR LETTER RELATIVE TO THE METHOD OF MAKING AWARDS TO MORE THAN ONE BIDDER WHERE THERE IS NO CHOICE AS TO QUALITY AMONG THE SEVERAL OFFERINGS OF SUCH BIDDERS, YOU ARE INFORMED THAT IT WAS DEEMED NECESSARY AND TO THE BEST INTERESTS OF THE GOVERNMENT TO MAKE AWARDS TO MORE THAN ONE BIDDER, SINCE, OWING TO THE INCREASED REQUIREMENTS BOTH IN WASHINGTON AND IN THE FIELD, NO ONE MANUFACTURER WOULD BE ABLE TO FULFILL THE ENTIRE CONTRACT IN ADDITION TO HIS COMMERCIAL BUSINESS. WITH THE INCREASED NUMBER OF TRUCKS AND MOTOR VEHICLES IN THE FIELD, AND VOLUMINOUS EMERGENCY PURCHASES INCIDENT TO THEIR UPKEEP, IT WAS NOT CONSIDERED TO THE BEST INTERESTS OF THE GOVERNMENT TO PLACE ORDERING OFFICES IN THE POSITION OF NOT BEING ABLE TO USE EQUIPMENT BECAUSE OF INABILITY OF THE CONTRACTORS TO MAKE IMMEDIATE DELIVERIES.

IT MIGHT ALSO BE STATED THAT THE MAKING OF AWARDS TO MORE THAN ONE BIDDER GIVES THE GOVERNMENT THE BENEFIT OF THE MAXIMUM NUMBER OF POINTS OF DELIVERY, SINCE NOT ALL CONTRACTORS HAVE THE SAME DISTRIBUTION POINTS. THE MORE DELIVERY POINTS AVAILABLE, THE MORE ADEQUATELY WILL THE NEEDS OF THE SERVICE BE MET. IN VIEW OF THIS FACT THE BIDS WERE NOT CONSIDERED IDENTICAL AND THE AWARD WAS THEREFORE NOT MADE BY LOT.

THE RULE STATED IN 13 COMP. GEN. 233, IS APPLICABLE IN THESE CASES OF IDENTICAL BID PRICES WHERE THERE IS NO DIFFERENCE IN QUALITY OR OTHER ADVANTAGES TO THE UNITED STATES. THE RULE IS NOT APPLICABLE WHERE DIFFERENCE IN POINTS OF DELIVERY, FOR INSTANCE, MAKES IT TO THE INTERESTS OF THE UNITED STATES TO ACCEPT MORE THAN ONE OF THE BIDS IDENTICAL AS TO PRICE AND QUALITY. IN VIEW OF THE FACTS REPORTED, THIS OFFICE IS NOT REQUIRED TO OBJECT TO THE MULTIPLE AWARD OF CONTRACTS TO BIDDERS FOR THE DELIVERY OF TIRES AND TUBES WHERE THE PRICES AND QUALITY ARE EQUAL AND WHERE THE BIDDERS HAVE DIFFERENT DISTRIBUTING POINTS WHICH MAKE IT ADVANTAGEOUS TO THE UNITED STATES TO ACCEPT A NUMBER OF SUCH BIDS FOR THE DELIVERY OF SUCH TIRES AND TUBES AS MAY BE ORDERED FROM TIME TO TIME.