B-126793, MAR. 21, 1956

B-126793: Mar 21, 1956

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21. THE BASIS FOR THE ADMINISTRATIVE ACTION IN THE MATTER IS EXPLAINED IN A REPORT DATED MARCH 2. IN PERTINENT PART: "INVITATION FOR BIDS WERE SENT TO TEN PROSPECTIVE BIDDERS. FOUR BIDS WERE RECEIVED RANGING FROM A LOW OF $1.87 TO A HIGH OF $5.36 PER UNIT AS FOLLOWS: CHART. ILLINOIS YARDLIGHT "THE LOW BID FROM PHILLIPS AND EDWARDS ELECTRIC CORPORATION WAS REJECTED SINCE IT DID NOT CONFORM TO THE ESSENTIAL REQUIREMENTS OF THE INVITATION FOR BID CALLING FOR EXPORT PACKING. IT SHOULD BE NOTED FROM THE BROCHURE OF STEBER MANUFACTURING COMPANY ATTACHED TO THE INCANDESCENT SUPPLY COMPANY'S BID THAT THE STEBER YEU-14 YARDLIGHT REFLECTOR IS FINISHED IN ULTRANAMEL.

B-126793, MAR. 21, 1956

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21, 1956, WHEREIN YOU PROTEST THE ACTION OF THE PACIFIC USAF LOGISTIC CONTROL GROUP, OAKLAND ARMY BASE, IN HAVING FAILED TO AWARD YOU ITEM NO. 117 OF INVITATION FOR BIDS NO. 04-643-56-243.

THE BASIS FOR THE ADMINISTRATIVE ACTION IN THE MATTER IS EXPLAINED IN A REPORT DATED MARCH 2, 1956, FROM THE DEPUTY FOR PROCUREMENT AND PRODUCTION, DEPARTMENT OF THE AIR FORCE, WHICH READS, IN PERTINENT PART:

"INVITATION FOR BIDS WERE SENT TO TEN PROSPECTIVE BIDDERS. FOUR BIDS WERE RECEIVED RANGING FROM A LOW OF $1.87 TO A HIGH OF $5.36 PER UNIT AS FOLLOWS:

CHART.

PHILLIPS AND EDWARDS ELECTRIC CORPORATION $1.87 FOR

265 VERMONT STREET STEBER YEU 14

SAN FRANCISCO, CALIFORNIA YARDLIGHT

MANHATTAN LIGHTING EQUIPMENT CO., INC. $3.20 FOR

16 WARREN STREET SPERO NO. 300

NEW YORK 7, NEW YORK YARDLIGHT

INCANDESCENT SUPPLY COMPANY $4.15 FOR

647 MISSION STREET STEBER YRP-14

SAN FRANCISCO, CALIFORNIA YARDLIGHT

JACKSON ELECTRICAL COMPANY $5.36 FOR

900-910 WEST VAN BUREN STREET JACKSON P N8974

CHICAGO 7, ILLINOIS YARDLIGHT

"THE LOW BID FROM PHILLIPS AND EDWARDS ELECTRIC CORPORATION WAS REJECTED SINCE IT DID NOT CONFORM TO THE ESSENTIAL REQUIREMENTS OF THE INVITATION FOR BID CALLING FOR EXPORT PACKING. FURTHERMORE, IT SHOULD BE NOTED FROM THE BROCHURE OF STEBER MANUFACTURING COMPANY ATTACHED TO THE INCANDESCENT SUPPLY COMPANY'S BID THAT THE STEBER YEU-14 YARDLIGHT REFLECTOR IS FINISHED IN ULTRANAMEL, GREYTONE, OUTSIDE, WHITE INSIDE AND NOT PORCELAIN ENAMEL, GREEN OUTSIDE, WHITE INSIDE AS SPECIFIED IN THE INVITATION FOR BID.

"AS INDICATED ABOVE, THE MANHATTAN LIGHTING EQUIPMENT CO., INC., SUBMITTED THE SECOND LOW BID OF $3.20 PER UNIT OFFERING AN ITEM DESCRIBED AS "SPERO NO. 300," AND ATTACHED AN ILLUSTRATED ADVERTISEMENT OF THIS PRODUCT TO ITS BID. THIS ADVERTISEMENT SHOWS THAT "SPERO NO. 300" REFLECTORS ARE FINISHED GREEN OUTSIDE,"PLASTOX" WHITE INSIDE, WITH A PROTECTIVE UNDERCOATING.

"BY CONTACTING VARIOUS ELECTRICAL FIXTURE SUPPLIERS IN THE AREA, THE CONTRACTING OFFICER DETERMINED THAT "PLASTOX" IS A SYNTHETIC PLASTIC FINISH AND NOT PORCELAIN ENAMEL, AND THAT THE ITEM OFFERED COULD NOT BE CONSIDERED EQUAL IN QUALITY TO THE PRODUCE CALLED FOR IN THE INVITATION. HE, THEREFORE, REJECTED THE BID OF THIS COMPANY, AND AWARDED A CONTRACT FOR ITEM 117 TO THE BIDDER SUBMITTING THE LOWEST RESPONSIVE BID FOR THAT ITEM.

"IN SUPPORT OF ITS PROTEST, MANHATTAN LIGHTING EQUIPMENT COMPANY STATES THAT "OUR QUOTATION TO YOU DEFINITELY STATED PORCELAIN ENAMEL, AND WE HAVE NO IDEA WHERE THESE PEOPLE GET THE OPINION THAT THIS MATERIAL WAS "PLASTEX COATING, NOT BAKED.' THE COMPANY FURTHER STATES THAT IT DID NOT SEND ANY LITERATURE WITH ITS BID. HOWEVER, AN EXAMINATION OF MANHATTAN'S BID, WHICH IS INCLUDED IN THE ATTACHED FILE, CLEARLY REFUTES THIS STATEMENT. YOU WILL NOTE THAT THIS BID DOES HAVE ATTACHED THERETO A DESCRIPTION OF THE SPERO PRODUCT AS IT IS ADVERTISED BY THE SPERO ELECTRIC CORPORATION.'

YOUR ORIGINAL BID WAS FORWARDED HERE BY THE ADMINISTRATIVE OFFICE. ATTACHED THERETO IS A PRINTED PAGE DESCRIBING SPERO YARD LIGHTS, WHICH APPEARS TO BE PAGE 46 OF A CATALOG OF THE SPERO ELECTRIC CORPORATION. THIS SHEET IN TWO PLACES THERE APPEARS YOUR NAME AND ADDRESS APPARENTLY STAMPED BY THE SAME RUBBER STAMP AS WAS USED ON THE SIGNATURE TO YOUR BID. THERE ALSO IS A CIRCLE DRAWN AROUND THE CATALOG NUMBER 300, AND AN ARROW POINTING TO AN ILLUSTRATION, WITH "ITEM 117" WRITTEN THEREON, ALL OF WHICH MARKINGS APPEAR TO HAVE BEEN MADE WITH THE SAME COLOR INK AS USED FOR THE SIGNATURE OF YOUR TREASURER ON THE BID. THE DESCRIPTION OF THE LAMP IS AS STATED IN THE REPORT QUOTED, AND NOWHERE IN THE DESCRIPTION OR ELSEWHERE IN YOUR BID DO THE WORDS "PORCELAIN ENAMEL" APPEAR.

THE FUNCTION OF DETERMINING WHETHER A PRODUCT OFFERED BY A BIDDER COMPLIES WITH THE REQUIREMENTS OF THE SPECIFICATIONS IS PRIMARILY AN ADMINISTRATIVE ONE, BEING PREDICATED SOLELY UPON FACTUAL CONSIDERATIONS. SEE 20 COMP. GEN. 573, 578; 16 ID. 404, 410; CF. 30 ID. 179. IN THE INSTANT MATTER, THE GOVERNMENT PROCUREMENT AGENCY CONDUCTED A THOROUGH INVESTIGATION INTO THE MERITS OF YOUR COMPLAINT, AND UPON CONCLUSION THEREOF, MADE THE POSITIVE DETERMINATION THAT THE PRODUCT OFFERED BY YOU UNDER THIS INVITATION DID NOT CONFORM TO THE ADVERTISED REQUIREMENTS OF THE GOVERNMENT. ON THE RECORD FURNISHED WE FIND NO BASIS FOR DIFFERING WITH THIS CONCLUSION, AND HAVE NO ALTERNATIVE BUT TO CONFIRM THE ADMINISTRATIVE ACTION.