B-130300, JAN. 16, 1957

B-130300: Jan 16, 1957

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PUBLIC PRINTER: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 9. SHOULD HAVE ITS BID REJECTED BECAUSE THE SAMPLE IT WAS SUBSEQUENTLY REQUESTED TO SUBMIT FAILED TO MEET THE GOVERNMENT'S SPECIFICATIONS. THE BIDDER WAS ADVISED THAT. IF THE QUOTATION WAS BASED ON OTHER THAN BECCARD'S PRODUCT.

B-130300, JAN. 16, 1957

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 9, 1957, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER GAETJENS, BERGER AND WIRTH, INC., BROOKLYN, NEW YORK, SHOULD HAVE ITS BID REJECTED BECAUSE THE SAMPLE IT WAS SUBSEQUENTLY REQUESTED TO SUBMIT FAILED TO MEET THE GOVERNMENT'S SPECIFICATIONS.

IT APPEARS THAT THE INVITATION TO BID REQUESTED PRICES ON 500 POUNDS OF "BECCARD'S INK REGULATOR DRIER, IN 5 LB. CANS," AND REQUIRED THAT THE PRODUCT SHOULD BE A COMPOUND WHICH WOULD MODIFY AN OFFSET INK IN THE SAME MANNER AS BECCARD'S INK REGULATOR. GAETJENS, BERGER AND WIRTH, INC., BID $275 TO FURNISH "500 LBS BECCARD'S INK REGULATOR DRIER IN 5 LB. CANS.' BECAUSE OF THE WIDE DISPARITY BETWEEN THAT PRICE AND THE $490 PRICE QUOTED BY THE ONLY OTHER BIDDER, THE CONTRACTING OFFICER, BY LETTER TO THE LOW BIDDER, INQUIRED WHETHER IT INTENDED TO FURNISH BECCARD'S INK REGULATOR OR SOME OTHER PRODUCT. ALSO, THE BIDDER WAS ADVISED THAT, IF THE QUOTATION WAS BASED ON OTHER THAN BECCARD'S PRODUCT, A SAMPLE OF THE SUBSTITUTE SHOULD BE SUBMITTED. THE BIDDER ADVISED THAT IT PROPOSED TO FURNISH ITS "DUALL PRODUCT," AND IT SUBMITTED THE SAMPLE REQUESTED. THE SAMPLE FAILED TO MEET GOVERNMENT SPECIFICATIONS IN UNSAPONIFIABLE MATTER AND SAPONIFICATION NUMBER.

ON THE BASIS OF THESE FACTS, THE BID OF GAETJENS, BERGER AND WIRTH, INC., SHOULD BE REJECTED, AND THE PROPOSAL OF THE OTHER BIDDER MAY BE CONSIDERED FOR AWARD.