B-123622, JUL. 1, 1955

B-123622, JUL. 1, 1955

TO ATLANTIC MANUFACTURING COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 7, 1955, RELATIVE TO OUR DECISION TO YOU OF JUNE 3, 1955, WHEREIN YOU WERE ADVISED THAT THERE HAD BEEN FOUND NO LEGAL BASIS FOR TAKING EXCEPTION TO AN AWARD OF A CONTRACT TO THE ELECTRIC SERVICE ENGINEERING COMPANY, JOLIET, ILLINOIS, AS THE LOW BIDDER UNDER INVITATION NO. 4D-54492-R-4-4-55, ISSUED IN CONNECTION WITH THE PROPOSED PROCUREMENT BY THE GENERAL SERVICES ADMINISTRATION OF 531 GENERATORS, COMPLETELY HOUSED AND EQUIPPED WITH GASOLINE ENGINES.

OF COURSE, THERE COULD HAVE BEEN NO OBJECTION TO THE QUOTING BY YOUR COMPANY ON TWO OR MORE COMBINATIONS OF EQUIPMENT AT DIFFERENT PRICES FOR EACH COMBINATION, BUT IT IS OBVIOUS THAT, WHEN YOU INSERTED THE WORDS "OR EQUAL" AFTER THE DESIGNATIONS OF THE PARTICULAR COMBINATIONS OF EQUIPMENT, THE BID WOULD HAVE REQUIRED CLARIFICATION BEFORE THE MAKING OF ANY AWARD TO YOUR COMPANY.

YOU REITERATE YOUR PREVIOUS CONTENTION THAT NO DESCRIPTIVE LITERATURE WAS SUBMITTED WITH THE LOW BID AND YOU QUESTION THE CONCLUSION IN OUR DECISION THAT, EVEN IF THE LOW BIDDER HAD FAILED TO SUBMIT DESCRIPTIVE LITERATURE WITH ITS BID, SUCH REQUIREMENT COULD HAVE BEEN WAIVED AS A MERE INFORMALITY PURSUANT TO THE PROVISIONS OF PARAGRAPH 1 OF THE TERMS AND CONDITIONS OF THE INVITATION.

WE ARE ADVISED BY THE GENERAL SERVICES ADMINISTRATION THAT THE REQUIRED DESCRIPTIVE LITERATURE WAS SUBMITTED BY THE LOW BIDDER BEFORE THE SCHEDULED TIME FOR OPENING OF THE BIDS BUT WAS KEPT SEPARATE FROM THE SEALED BIDS WHICH, UPON OPENING, WERE MADE AVAILABLE FOR EXAMINATION BY ALL INTERESTED BIDDERS. IN ANY EVENT, IT IS OUR OPINION THAT THERE SHOULD BE NO DEPARTURE FROM THE RULE SET FORTH IN THE DECISION OF JULY 25, 1936, 16 COMP. GEN. 65, THAT, IN PROTECTION OF THE INTERESTS OF THE GOVERNMENT, A LOW BID SHOULD NOT BE REJECTED BECAUSE OF A FAILURE TO FURNISH SOMETHING "WHICH DOES NOT AFFECT IN ANY WAY THE PRICE, QUALITY, ETC., OF THE ARTICLES TO BE FURNISHED.'