B-132734, SEP. 16, 1957

B-132734: Sep 16, 1957

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ESQUIRES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 29. YOUR CLIENT STATES THAT IT WAS APPARENT AT THE OPENING OF BIDS THAT METAPLASTICS COMPANY WAS THE LOW BIDDER. THAT THE LAMPASAS COMPANY WAS SECOND LOW BIDDER AND W. WAS THE THIRD LOW BIDDER. IT IS THE CONTENTION OF YOUR CLIENT THAT NEITHER METAPLASTICS NOR LAMPASAS IS QUALIFIED FOR CONSIDERATION OF THE AWARD SINCE BOTH COMPANIES ARE LACKING IN THE MINIMUM QUALIFICATION REQUIREMENTS AS SET FORTH IN PARAGRAPH XV OF THE TERMS AND CONDITIONS OF THE INVITATION TO BID. IN WHICH IT IS STATED: "INVITATION NO. 8080 CALLED FOR THE FURNISHING OF ANTENNA AND TOWER SUPPORT SHELTERS. THE LOWEST BIDDER FOR THIS QUANTITY IS THE LAMPASAS COMPANY.

B-132734, SEP. 16, 1957

TO MCNUTT, DUDLEY AND EASTERWOOD, ESQUIRES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 29, 1957, WITH ENCLOSURE, PROTESTING ON BEHALF OF W. R. CHANCE AND ASSOCIATES, INC., THE CONSIDERATION OF THE BIDS OF THE METAPLASTICS COMPANY AND THE LAMPASAS COMPANY SUBMITTED IN RESPONSE TO INVITATION NO. 8080, ISSUED BY THE CIVIL AERONAUTICS ADMINISTRATION.

IN REGISTERING ITS PROTEST, YOUR CLIENT STATES THAT IT WAS APPARENT AT THE OPENING OF BIDS THAT METAPLASTICS COMPANY WAS THE LOW BIDDER; THAT THE LAMPASAS COMPANY WAS SECOND LOW BIDDER AND W. R. CHANCE AND ASSOCIATES, INC., WAS THE THIRD LOW BIDDER. IT IS THE CONTENTION OF YOUR CLIENT THAT NEITHER METAPLASTICS NOR LAMPASAS IS QUALIFIED FOR CONSIDERATION OF THE AWARD SINCE BOTH COMPANIES ARE LACKING IN THE MINIMUM QUALIFICATION REQUIREMENTS AS SET FORTH IN PARAGRAPH XV OF THE TERMS AND CONDITIONS OF THE INVITATION TO BID.

THERE HAS BEEN RECEIVED FROM THE ASSISTANT SECRETARY OF COMMERCE FOR ADMINISTRATION A REPORT DATED AUGUST 15, 1957, IN WHICH IT IS STATED:

"INVITATION NO. 8080 CALLED FOR THE FURNISHING OF ANTENNA AND TOWER SUPPORT SHELTERS. CAA INTENDS TO MAKE AWARD ON THIS INVITATION FOR TWO UNITS. THE LOWEST BIDDER FOR THIS QUANTITY IS THE LAMPASAS COMPANY, WHICH COMPANY DID NOT MEET THE QUALIFICATIONS REQUIREMENTS IMPOSED IN PARAGRAPH XV OF THE SPECIAL INVITATION CONDITIONS AND PARAGRAPH 1 OF THE STANDARD INVITATION CONDITIONS, GOVERNING THE QUALIFICATIONS OF BIDDERS. SPECIFICALLY, LAMPASAS DID NOT SUBMIT THE SUBSTANTIATING INFORMATION, AS REQUIRED BY THE INVITATION, THAT IT HAD SIX MONTHS OF PRODUCTION EXPERIENCE. THE NEXT LOWEST BIDDER IS THE REPLAC CORPORATION OF CLEVELAND, OHIO. THE CAA INTENDS TO MAKE AWARD TO THIS COMPANY.'

THE BIDS IN QUESTION ON THE TWO UNITS (ITEM 1 (A) ( WERE AS FOLLOWS:

TABLE

THE LAMPASAS COMPANY $10,752

REPLAC CORPORATION 16,656

METAPLASTICS 18,498

IN A SUPPLEMENTAL REPORT DATED SEPTEMBER 9, 1957, THE ASSISTANT SECRETARY OF COMMERCE, IN RESPONSE TO OUR INQUIRY REGARDING THE GOVERNMENT'S OPTION TO INCREASE THE AWARD, STATES THAT ,AWARD INCREASE CLAUSE UNDER PARAGRAPH V OF THE TERMS AND CONDITIONS PERTINENT TO THIS INVITATION WILL NOT BE EXERCISED AND WILL BE DELETED FROM THE CONTRACT MADE WITH THE REPLAC CORPORATION.'

IN THE CIRCUMSTANCES, SINCE IT APPEARS THAT THE AWARD FOR TWO UNITS IS BEING MADE TO THE LOWEST RESPONSIBLE BIDDER, WITH NO OPTION TO INCREASE THE QUANTITY, IT MUST BE CONCLUDED THAT THE PROTEST OF W. R. CHANCE AND ASSOCIATES, INC., FURNISHES NO PROPER BASIS ON WHICH WE WOULD BE JUSTIFIED IN QUESTIONING THE AWARD AS PROPOSED.