B-124637, AUG. 17, 1955

B-124637: Aug 17, 1955

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WE ADVISED THAT A REQUEST WAS BEING MADE OF THE SECRETARY OF THE NAVY FOR A REPORT IN THE MATTER. IN YOUR LETTER YOU REFER TO THE FOLLOWING PARAGRAPH OF THE INVITATION: "BIDS ARE WANTED ON MATERIAL IN ACCORDANCE WITH APPLICABLE SPECIFICATIONS ONLY. IF BRAND NAMES ARE INSERTED BY THE BIDDER. IT IS UNDERSTOOD THAT THE BRAND BID ON IS IN ACCORDANCE WITH SPECIFICATIONS AND AWARD WILL BE MADE ACCORDINGLY.'. YOU STATE THAT THIS PARAGRAPH MEANS THAT THE MATERIAL OFFERED IS TO BE GENERAL ELECTRIC TYPE. UNLESS THE BIDDER QUALIFIES HIS BID AND STATES THAT IT IS OF HIS OWN MANUFACTURE OR MENTIONS SOME OTHER BRAND. YOU STATE FURTHER THAT THE GENERAL ELECTRIC COMPANY TOOK EXCEPTION TO THE SPECIFICATIONS WITH THE STATEMENT IN ITS BID THAT THE RECOVERY TIME IS "EXTREMELY STRINGENT AND WE TAKE EXCEPTION THERETO.

B-124637, AUG. 17, 1955

TO CONTINENTAL ELECTRIC COMPANY, INC.:

UNDER DATE OF JULY 20, 1955, WE ACKNOWLEDGED TO YOUR HOME OFFICE AT TRENTON, NEW JERSEY, THE RECEIPT OF A COPY OF YOUR LETTER OF JULY 8, 1955, TO THE COMMANDANT OF THE MARINE CORPS, PROTESTING THE AWARD OF A CONTRACT TO EUCLID EQUIPMENT, INC., UNDER INVITATION NO. 314, AND WE ADVISED THAT A REQUEST WAS BEING MADE OF THE SECRETARY OF THE NAVY FOR A REPORT IN THE MATTER.

IN YOUR LETTER YOU REFER TO THE FOLLOWING PARAGRAPH OF THE INVITATION:

"BIDS ARE WANTED ON MATERIAL IN ACCORDANCE WITH APPLICABLE SPECIFICATIONS ONLY. IF BRAND NAMES ARE INSERTED BY THE BIDDER, IT IS UNDERSTOOD THAT THE BRAND BID ON IS IN ACCORDANCE WITH SPECIFICATIONS AND AWARD WILL BE MADE ACCORDINGLY.'

YOU STATE THAT THIS PARAGRAPH MEANS THAT THE MATERIAL OFFERED IS TO BE GENERAL ELECTRIC TYPE, UNLESS THE BIDDER QUALIFIES HIS BID AND STATES THAT IT IS OF HIS OWN MANUFACTURE OR MENTIONS SOME OTHER BRAND, AND THAT IN EITHER CASE THE BRAND OFFERED MUST MEET THE PERFORMANCE AND BE EQUAL TO THE GENERAL ELECTRIC EQUIPMENT SPECIFIED.

YOU STATE FURTHER THAT THE GENERAL ELECTRIC COMPANY TOOK EXCEPTION TO THE SPECIFICATIONS WITH THE STATEMENT IN ITS BID THAT THE RECOVERY TIME IS "EXTREMELY STRINGENT AND WE TAKE EXCEPTION THERETO; " THAT SINCE IT HAS BEEN ESTABLISHED THAT EUCLID EQUIPMENT, INC., IS OFFERING GENERAL ELECTRIC COMPANY EQUIPMENT, AND SINCE THE GENERAL ELECTRIC COMPANY TOOK EXCEPTION TO THE SPECIFICATIONS, YOU CONCLUDE THAT THE MATERIAL TO BE FURNISHED BY EUCLID EQUIPMENT, INC., WILL NOT MEET THE SPECIFICATIONS.

THERE HAS BEEN RECEIVED FROM THE QUARTERMASTER GENERAL OF THE MARINE CORPS A LETTER DATED AUGUST 4, 1955, REPORTING THAT EUCLID EQUIPMENT, INC., TOOK NO EXCEPTION TO THE PURCHASE DESCRIPTION IN THEIR BID AND THAT UNDER THE "ABOVE QUOTED SCHEDULE CLAUSE"--- MEANING THE PARAGRAPH QUOTED AT THE BOTTOM OF PAGE TWO OF YOUR LETTER--- IT WAS ASSUMED BY THE CONTRACTING OFFICER THAT GENERAL ELECTRIC COMPONENTS WOULD BE SUPPLIED ON THE GENERATOR SET; THAT SUBSEQUENT TO THE OPENING THE MATTER WAS DISCUSSED WITH EUCLID AND WHILE THEY WOULD HAVE PREFERRED TO UTILIZE ANOTHER MANUFACTURER'S ITEMS AS COMPONENTS THEY NEVERTHELESS INTEND TO COMPLY STRICTLY WITH THE TERMS OF THE PURCHASE DESCRIPTION AND INVITATION IN ALL RESPECTS. IT WAS STATED IN THE LETTER OF AUGUST 4, 1955, THAT CONTRACT NO. NOM-68210 WAS AWARDED TO EUCLID EQUIPMENT, INC., AS THE LOWEST RESPONSIBLE BIDDER.

UNDER THE REPORTED FACTS THERE IS PERCEIVED NO BASIS UPON WHICH THE AWARD OF THE CONTRACT TO EUCLID EQUIPMENT, INC., COULD BE QUESTIONED.