B-110079, JUNE 16, 1952, 31 COMP. GEN. 660

B-110079: Jun 16, 1952

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

BIDS - MODIFICATION - AFTER OPENING OF BIDS A BIDDER MAY NOT CHANGE A PROVISION IN A BID SUBSEQUENT TO ITS OPENING IF THE PROVISION IS MATERIAL AND IN ANY WAY AFFECTS THE PRICE. 1952: I HAVE YOUR LETTER OF JUNE 2. BIDS WERE REQUESTED. BIDDERS WERE REQUIRED TO WARRANT THAT THE CHARACTERISTICS OF THE RECEIVERS AND TRANSMITTERS WHICH THEY PROPOSED TO FURNISH WOULD BE AS GOOD AS STATED BY THEM IN SPACES PROVIDED THEREFOR IN THEIR BIDS. IN YOUR LETTER IT IS STATED THAT THE ABSTRACT OF THE BIDS WAS COMPLETED ON MAY 8. THE CORPORATION WAS ADVISED THAT ITS BID WAS NOT RESPONSIVE TO THE INVITATION WITH RESPECT TO THE WARRANTY. ON WHICH THE WARRANTY IN ITS BID WERE BASED. WERE INADVERTENTLY BASED ON NORMAL RELAY STATION DESIGN EMPLOYING THE USE OF OMNI-DIRECTIONAL ANTENNA WITHOUT VERTICAL SEPARATION.

B-110079, JUNE 16, 1952, 31 COMP. GEN. 660

BIDS - MODIFICATION - AFTER OPENING OF BIDS A BIDDER MAY NOT CHANGE A PROVISION IN A BID SUBSEQUENT TO ITS OPENING IF THE PROVISION IS MATERIAL AND IN ANY WAY AFFECTS THE PRICE, QUALITY, QUANTITY, OR LIMITS THE BIDDER'S LIABILITY FOR DELAYS OR FOR FAILURE TO PERFORM, AND THEREFORE, A WARRANTY IN A BID AS TO THE QUALITY OF THE ARTICLES TO BE FURNISHED MAY NOT BE AMENDED BY THE BIDDER SUBSEQUENT TO THE OPENING OF THE BID.

COMPTROLLER GENERAL WARREN TO L. N. MCCLELLAN, BUREAU OF RECLAMATION, JUNE 16, 1952:

I HAVE YOUR LETTER OF JUNE 2, 1952, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO THE BID SUBMITTED BY RADIO CORPORATION OF AMERICA, RCA VICTOR DIVISION, CAMDEN, NEW JERSEY, IN RESPONSE TO INVITATION NO. DS-3695, DATED MARCH 17, 1952.

BY THE INVITATION REFERRED TO, BIDS WERE REQUESTED--- TO BE OPENED APRIL 29, 1952--- FOR FURNISHING RADIO COMMUNICATION EQUIPMENT AND COAXIAL CABLE FOR MISSOURI-SOURIS DISTRICT, AS SET OUT IN THE SPECIAL CONDITIONS, SPECIFICATIONS, AND DRAWINGS THEREWITH. SCHEDULE 1 COVERS RADIO EQUIPMENT AS DESCRIBED IN ITEMS 1 TO 14, INCLUSIVE, AND SCHEDULE 2 COVERS COAXIAL CABLE AS DESCRIBED IN ITEM 15. THE SPECIAL CONDITIONS PROVIDE, IN PART, AS FOLLOWS:

42. RELAY TERMINAL AND CENTRAL STATION TRANSMITTER-RECEIVER ASSEMBLIES, SPECIAL CONSIDERATIONS. EACH STATION TRANSMITTER-RECEIVER ASSEMBLY SHALL BE IN ACCORDANCE WITH THE FOLLOWING:

(7) THE DESENSITIZATION OF A RELAY STATION RECEIVER WHEN OPERATED SIMULTANEOUSLY WITH ITS CONTROLLED TRANSMITTER SHALL BE NO GREATER THAN 1 DECIBEL UNDER THE FOLLOWING CONDITIONS:

A. TRANSMITTER POWER OUTPUT OF 50 WATTS, 3 MEGACYCLES FROM THE RECEIVER FREQUENCY.

B. SEPARATE UNIDIRECTIONAL CORNER REFLECTOR TYPE ANTENNAS VERTICALLY SPACED 25 FEET APART.

C. TRANSMITTER MODULATED 100 PERCENT WITH A 1,000 CYCLE TONE (100 PERCENT MODULATION EQUALS DEVIATION OF PLUS OR MINUS 15 KILOCYCLES.)

BIDDERS WERE REQUIRED TO WARRANT THAT THE CHARACTERISTICS OF THE RECEIVERS AND TRANSMITTERS WHICH THEY PROPOSED TO FURNISH WOULD BE AS GOOD AS STATED BY THEM IN SPACES PROVIDED THEREFOR IN THEIR BIDS. IN RESPONSE TO THE INVITATION, RADIO CORPORATION OF AMERICA SUBMITTED A BID OFFERING TO FURNISH ALL EQUIPMENT UNDER SCHEDULE 1 FOR A TOTAL PRICE OF $40,912.98, AND SPECIFIED THAT THE DESENSITIZATION OF THE RELAY RECEIVER WHEN OPERATED AT A FREQUENCY 3 MEGACYCLES FROM AN OPERATING RELAY TRANSMITTER WOULD BE "NO GREATER THAN 6DB DECIBELS" WHEN OPERATED UNDER THE CONDITIONS SET FORTH THEREAFTER.

IN YOUR LETTER IT IS STATED THAT THE ABSTRACT OF THE BIDS WAS COMPLETED ON MAY 8, 1952; THAT THE TECHNICAL STAFF RECOMMENDED REJECTION OF THE LOW BID SUBMITTED BY RADIO CORPORATION OF AMERICA ON SCHEDULE 1 FOR THE REASON THAT THE CORPORATION'S WARRANTY FAILED TO MEET THE REQUIREMENTS OF PARAGRAPH 42 (7); AND THAT, UPON REQUEST FOR INFORMATION AS TO THE STATUS OF THE AWARD, THE CORPORATION WAS ADVISED THAT ITS BID WAS NOT RESPONSIVE TO THE INVITATION WITH RESPECT TO THE WARRANTY.

BY TELEGRAM OF MAY 14, 1952, CONFIRMED BY AFFIDAVITS OF MAY 21, 1952, RADIO CORPORATION OF AMERICA STATED THAT ITS CALCULATIONS, ON WHICH THE WARRANTY IN ITS BID WERE BASED, WERE INADVERTENTLY BASED ON NORMAL RELAY STATION DESIGN EMPLOYING THE USE OF OMNI-DIRECTIONAL ANTENNA WITHOUT VERTICAL SEPARATION; THAT CALCULATIONS ON THE BASIS OF THE SPECIFICATIONS WOULD HAVE SHOWN A "DESENSITIZATION CHARACTERISTIC OF LESS THAN 1 DB; " AND THAT THE ERROR WAS NOT DISCOVERED UNTIL AFTER THE BID WAS SUBMITTED. THE CORPORATION REQUESTED THAT ITS BID BE AMENDED "TO SPECIFY 1 DB IN LIEU OF THE 6 DB NOW APPEARING THEREIN.'

WITH RESPECT TO THE MATTER OF WHETHER A BIDDER MAY BE PERMITTED TO CHANGE A PROVISION IN ITS BID SUBSEQUENT TO THE OPENING OF THE BID, IT HAS BEEN HELD THAT IF THE PROVISION BE MATERIAL AND IN ANY WAY AFFECTS THE PRICE, QUALITY, QUANTITY, LIMITS THE BIDDER'S LIABILITY FOR DELAYS OR FOR FAILURE TO PERFORM, OR THE LIKE, A CHANGE MAY NOT BE PERMITTED. SEE 17 COMP. GEN. 554; 20 ID. 4; AND 30 ID. 179. THE REFERRED-TO WARRANTY IN THE BID OF THE CORPORATION IS OF SUCH SUBSTANCE AS TO AFFECT THE QUALITY OF THE EQUIPMENT TO BE FURNISHED. SUCH BEING THE CASE, THE WARRANTY MAY NOT BE AMENDED BY THE CORPORATION SUBSEQUENT TO THE OPENING OF THE BIDS.

ACCORDINGLY, THE CORPORATION'S BID SHOULD BE DISREGARDED IN MAKING THE AWARD.