B-124098, JUN. 14, 1955

B-124098: Jun 14, 1955

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INC.: REFERENCE IS MADE TO YOUR LETTER OF MAY 18. YOU STATE THAT NONE OF THE BIDDERS WAS ABLE TO COMPLY WITH THE SPECIFICATIONS SET FORTH IN THE INVITATION AND THAT THE VARIOUS BIDDERS THEREFORE TOOK EXCEPTION TO THE SPECIFICATIONS AND BID ON AN ITEM WHICH WAS NEAREST TO THE ONE SPECIFIED. SINCE THE BIDS WHICH WERE RECEIVED PERHAPS WILL CONFORM EXACTLY WITH THE NEW SPECIFICATIONS TO BE PREPARED. NO ONE COULD TAKE EXCEPTION IF A CONTRACT WERE AWARDED TO YOU AS LOW BIDDER UNDER THE ORIGINAL INVITATION. IT IS ESSENTIAL THAT AWARDS OF CONTRACTS BE FAIRLY MADE UPON THE BASIS OF THE NECESSARY REQUIREMENTS OF THE SPECIFICATIONS SUBMITTED FOR COMPETITION. WHERE ADVERTISING IS REQUIRED. SINCE ALL OF THE BIDDERS APPARENTLY BID ON AN ITEM DIFFERENT FROM THAT SPECIFIED IN THE INVITATION AND SINCE AN ITEM AS SPECIFIED APPARENTLY IS NOT AVAILABLE IN THE MARKET.

B-124098, JUN. 14, 1955

TO INTERNATIONAL FERMONT MACHINERY CO., INC.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 18, 1955, PROTESTING THE ACTION OF THE CIVIL AERONAUTICS ADMINISTRATION IN REJECTING ALL BIDS RECEIVED IN RESPONSE TO BID INVITATION NO. 6389. YOU STATE THAT NONE OF THE BIDDERS WAS ABLE TO COMPLY WITH THE SPECIFICATIONS SET FORTH IN THE INVITATION AND THAT THE VARIOUS BIDDERS THEREFORE TOOK EXCEPTION TO THE SPECIFICATIONS AND BID ON AN ITEM WHICH WAS NEAREST TO THE ONE SPECIFIED. YOU STATE FURTHER, IN EFFECT, THAT, SINCE THE BIDS WHICH WERE RECEIVED PERHAPS WILL CONFORM EXACTLY WITH THE NEW SPECIFICATIONS TO BE PREPARED, NO ONE COULD TAKE EXCEPTION IF A CONTRACT WERE AWARDED TO YOU AS LOW BIDDER UNDER THE ORIGINAL INVITATION.

IN ORDER THAT THE GOVERNMENT MAY BE ASSURED OF THE BENEFITS OF FREE AND OPEN COMPETITION, IT IS ESSENTIAL THAT AWARDS OF CONTRACTS BE FAIRLY MADE UPON THE BASIS OF THE NECESSARY REQUIREMENTS OF THE SPECIFICATIONS SUBMITTED FOR COMPETITION. B-94518, NOVEMBER 8, 1950, COPY HEREWITH. AND, WHERE ADVERTISING IS REQUIRED, SPECIFICATIONS MUST BE DRAFTED SO AS TO PERMIT FULL AND FREE COMPETITION ON THE ACTUAL SUPPLIES OR SERVICES TO BE PROCURED. ACCORDINGLY, SINCE ALL OF THE BIDDERS APPARENTLY BID ON AN ITEM DIFFERENT FROM THAT SPECIFIED IN THE INVITATION AND SINCE AN ITEM AS SPECIFIED APPARENTLY IS NOT AVAILABLE IN THE MARKET, THE ACTION OF THE CONTRACTING AGENCY IN REJECTING ALL BIDS WITH THE VIEW TO READVERTISING THE PROCUREMENT ON THE BASIS OF CORRECTED SPECIFICATIONS APPEARS PROPER.