B-134079, DEC. 2, 1957

B-134079: Dec 2, 1957

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TO MERRITT PACKING AND CRATING SERVICE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27. SIX BIDS WERE RECEIVED UNDER THE ABOVE INVITATION. YOU WERE FOUND TO BE THE APPARENT LOW BIDDER. THE ABOVE REQUEST WAS REPEATED IN THE CONTRACTING OFFICER'S LETTER OF JUNE 7. THE RECEIPT OF WHICH WAS ACKNOWLEDGED BY YOU ON THAT DATE. IN THIS LATTER COMMUNICATION YOU WERE EXPRESSLY ADVISED THAT IF THE REQUIRED EVIDENCE WAS NOT FURNISHED WITHIN FIVE DAYS. WHERE HE WAS SHOWN YOUR OPERATING PERMITS NOS. 440 AND 4401. WAS ADVISED THAT UNDER A RECENT INTERPRETATION OF SUCH PERMITS BY AN OFFICIAL OF THE PUBLIC UTILITIES COMMISSION. THE CONTRACTING OFFICER MADE THE PROPER DETERMINATION THAT YOUR BID WAS NON RESPONSIVE.

B-134079, DEC. 2, 1957

TO MERRITT PACKING AND CRATING SERVICE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27, 1957, PROTESTING THE ACTION OF THE PURCHASING AND CONTRACTING DIVISION, FORT CARSON, COLORADO, IN HAVING REJECTED YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. AV-05-010-57-55, DATED APRIL 22, 1957.

THE INVITATION, COVERING PACKING AND CRATING SERVICES FOR THE YEAR ENDING JUNE 30, 1958, CONTAINED THE FOLLOWING CLAUSES:

"SP-3. AWARDS: THE AWARD OF ANY CONTRACT HEREUNDER SHALL BE MADE ONLY AFTER DUE CONSIDERATION AND EVALUATION OF THE FOLLOWING FACTORS:

(A) BIDDER MUST SUBMIT A BID ON EACH ITEM IN THE BID SCHEDULE IN ORDER FOR HIS BID TO BE CONSIDERED RESPONSIVE TO THIS INVITATION FOR BIDS.

(E) DETERMINATION BY THE CONTRACTING OFFICER THAT THE BIDDER HAS SUCH PERMITS AND LICENSES AS MAY BE REQUIRED BY INTERSTATE OR INTRASTATE REGULATORY AUTHORITIES TO PERFORM THE REQUIRED SERVICES.'

SIX BIDS WERE RECEIVED UNDER THE ABOVE INVITATION. UPON THEIR OPENING ON MAY 17, 1957, YOU WERE FOUND TO BE THE APPARENT LOW BIDDER.

HOWEVER, FOR THE PURPOSE OF DETERMINING WHETHER YOU POSSESSED SUCH PERMITS AND LICENSES AS WOULD ENABLE YOU SATISFACTORILY TO PERFORM THE REQUIRED SERVICES, THE CONTRACTING OFFICER, BY LETTER DATED MAY 21, 1957, REQUESTED THAT YOU SUBMIT TO HIM EVIDENCE OF YOUR AUTHORITY, UNDER P.U.C. LAWS AND REGULATIONS, TO OPERATE UNRESTRICTEDLY IN EL PASO AND TELLER COUNTIES, COLORADO. NO RESPONSE HAVING BEEN RECEIVED THERETO, THE ABOVE REQUEST WAS REPEATED IN THE CONTRACTING OFFICER'S LETTER OF JUNE 7, 1957, THE RECEIPT OF WHICH WAS ACKNOWLEDGED BY YOU ON THAT DATE. IN THIS LATTER COMMUNICATION YOU WERE EXPRESSLY ADVISED THAT IF THE REQUIRED EVIDENCE WAS NOT FURNISHED WITHIN FIVE DAYS, YOUR BID WOULD BE CONSIDERED UNRESPONSIVE, AND THAT YOU WOULD NOT BE CONSIDERED ELIGIBLE FOR AN AWARD UNDER THE INVITATION.

UPON YOUR FAILURE TO RESPOND TO THESE REQUESTS, THE CONTRACTING OFFICER VISITED THE OFFICES OF THE PUBLIC UTILITIES COMMISSION IN DENVER, COLORADO, WHERE HE WAS SHOWN YOUR OPERATING PERMITS NOS. 440 AND 4401. WAS ADVISED THAT UNDER A RECENT INTERPRETATION OF SUCH PERMITS BY AN OFFICIAL OF THE PUBLIC UTILITIES COMMISSION, STATE OF COLORADO, THEY DO NOT GRANT YOU UNRESTRICTED AUTHORITY TO SERVE FROM FORT CARSON, COLORADO, TO POINTS AND PLACES IN TELLER, EL PASO AND OTHER COUNTIES IN THAT STATE, BUT ALLOW ONLY OCCASIONAL TRANSPORTATION SERVICES THROUGHOUT THESE AREAS.

INASMUCH AS THE SERVICES AS COVERED IN INVITATION NO. AV-05-010-57 55 REQUIRE CONTINUOUS OR REPEATED DRAYAGE FOR THE AREA COMPRISING EL PASO AND TELLER COUNTIES, AND SINCE THERE HAS BEEN NO CHANGE IN THE STATUS OF YOUR OPERATING AUTHORITY IN THE STATE OF COLORADO, THE CONTRACTING OFFICER MADE THE PROPER DETERMINATION THAT YOUR BID WAS NON RESPONSIVE, AND ACCORDINGLY, AWARDED THE RESULTING PACKING AND CRATING CONTRACT TO THE NEXT HIGHER BIDDER.

IN THE CIRCUMSTANCES, THE CONCLUSION IS REQUIRED THAT YOUR PROPOSAL WAS NOT RESPONSIVE TO THE REQUIREMENTS OF THE INVITATION AND, THEREFORE, WAS PROPERLY REJECTED.