B-101522, AUG 7, 1951

B-101522: Aug 7, 1951

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17. CERTAIN DESCRIPTIVE MATERIAL ON THE FIXTURE OFFERED BY YOU AND A REPORT SETTING FORTH THE REASONS WHY YOUR BID WAS NOT ACCEPTED. YOUR BID IS INCOMPLETE IN THAT YOU DID NOT STATE ON THE FRONT PAGE. THERE WERE ADDITIONAL AND MORE IMPORTANT REASONS FOR THE REJECTION OF YOUR BID. THESE REASONS ARE SUMMARIZED IN THE LAST PARAGRAPH OF THE REPORT. WHILE THE REJECTION OF THE BID WAS BASED ON THE UNCOMPLETENESS OF THE BID. CLOSER EXAMINATION WILL REVEAL MORE GROUNDS FOR REJECTION. THE BID INDICATES THAT THE LIGHT CHARACTERISTICS ARE DIFFERENT WITH THE NOTATION 'LIGHT DISTRIBUTION CHARACTERISTICS APPROXIMATE' BUT DOES NOT STATE WHAT THEY ARE.

B-101522, AUG 7, 1951

PRECIS-UNAVAILABLE

MANHATTAN LIGHTING EQUIPMENT CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1951, PROTESTING AGAINST THE ACTION OF THE PURCHASING AND CONTRACTING OFFICE, GRIFFISS AIR FORCE BASE, ROME, NEW YORK, IN MAKING AN AWARD OF A CONTRACT PURSUANT TO INVITATION FOR BIDS NO. 30-120 51-60 ISSUED DECEMBER 12, 1950, FOR BIDS FOR FURNISHING FLUORESCENT LIGHT FIXTURES.

IN RESPONSE TO REQUEST OF THIS OFFICE, THE DEPARTMENT OF THE AIR FORCE HAS FURNISHED A COPY OF THE INVITATION FOR BIDS, AN ABSTRACT OF THE BIDS RECEIVED, YOUR BID, CERTAIN DESCRIPTIVE MATERIAL ON THE FIXTURE OFFERED BY YOU AND A REPORT SETTING FORTH THE REASONS WHY YOUR BID WAS NOT ACCEPTED. AS STATED IN THE SAID REPORT, YOUR BID IS INCOMPLETE IN THAT YOU DID NOT STATE ON THE FRONT PAGE, AS REQUIRED, THE STATE OF INCORPORATION, DID NOT PRINT OR TYPE THE NAME OF YOUR CONCERN ON THE CONTINUATION SHEETS OF THE BID FORM, AS REQUIRED BY PARAGRAPH 10 OF THE BID CONDITIONS, AND DID NOT INDICATE A DELIVERY PERIOD. THERE WERE ADDITIONAL AND MORE IMPORTANT REASONS FOR THE REJECTION OF YOUR BID. THESE REASONS ARE SUMMARIZED IN THE LAST PARAGRAPH OF THE REPORT, AS FOLLOWS:

"3. WHILE THE REJECTION OF THE BID WAS BASED ON THE UNCOMPLETENESS OF THE BID, CLOSER EXAMINATION WILL REVEAL MORE GROUNDS FOR REJECTION. THE BID INDICATES THAT THE LIGHT CHARACTERISTICS ARE DIFFERENT WITH THE NOTATION 'LIGHT DISTRIBUTION CHARACTERISTICS APPROXIMATE' BUT DOES NOT STATE WHAT THEY ARE. NOR DOES THE SINGLE SHEET OF LITERATURE WITH THE BID INDICATE THIS INFORMATION. THE CONSTRUCTION OF THE FIXTURE SPECIFIED IN THE INVITATION IS OF ALL METAL WHEREAS THAT BID ON HAS THE ENTIRE SIDE MADE OF PLASTIC PANELS. THE CONSTRUCTION OF THE UNIT IS NOT COMPARABLE TO THE ONE SPECIFIED IN THE INVITATION."

IT IS ONLY WHERE THE LOW BIDDER HAS OFFERED EQUIPMENT OR SUPPLIES IN STRICT ACCORDANCE WITH THE SPECIFICATIONS THAT THIS OFFICE IS LEGALLY JUSTIFIED IN OBJECTING WHEN AWARD HAS BEEN MADE TO A HIGHER BIDDER. SINCE YOUR BID WAS NOT RESPONSIVE TO THE INVITATION FOR BIDS, THE CONTRACTING OFFICER WAS UNDER NO DUTY TO ACCEPT YOUR BID, AND IT FOLLOWS THAT THERE IS NO PROPER BASIS UPON WHICH THIS OFFICE MAY OBJECT TO THE ADMINISTRATIVE ACTION TAKEN IN DISREGARDING YOUR BID.