B-134685, FEB. 10, 1958

B-134685: Feb 10, 1958

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INC.: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 16. WE HAVE RECEIVED THE DOCUMENTARY REPORT WHICH WE REQUESTED FROM THE SECRETARY OF THE ARMY. IN RESPONSE TO THE SUBJECT INVITATION WERE OPENED AS SCHEDULED TO 10:00 A.M. THE FIVE LOWEST UNIT PRICE BIDS AS OPENED WERE AS FOLLOWS: TABLE THE GREENLEAF MFG. INC. 413.34 ALL THE BIDS WERE DULY RECORDED ON THE ABSTRACT OF BIDS. THE TELETYPE WAS RECEIVED IN THE REDSTONE ARSENAL COMMUNICATIONS CENTER AT 5:13 P.M. THERE WAS A DELAY IN TRANSMITTING IT FROM THE COMMUNICATIONS CENTER SO THAT IT WAS NOT RECEIVED IN THE INDUSTRIAL DIVISION TELETYPE ROOM UNTIL SOME TIME BEFORE 9:30 A.M. THEN THE ORIGINAL ABSTRACT OF BIDS WAS ALTERED TO INCLUDE THE MODIFIED BID.

B-134685, FEB. 10, 1958

TO INTERNATIONAL ELECTRIC INDUSTRIES, INC.:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 16, 1957, PROTESTING THE ALTERATION OF THE ABSTRACT OF BIDS PREPARED IN CONNECTION WITH INVITATION NO. IPB-ICP-X-ORD-01-021-58-10001, ISSUED BY REDSTONE ARSENAL, HUNTSVILLE, ALABAMA.

WE HAVE RECEIVED THE DOCUMENTARY REPORT WHICH WE REQUESTED FROM THE SECRETARY OF THE ARMY.

THE 35 BIDS RECEIVED AT REDSTONE ARSENAL, HUNTSVILLE, ALABAMA, IN RESPONSE TO THE SUBJECT INVITATION WERE OPENED AS SCHEDULED TO 10:00 A.M., CENTRAL STANDARD TIME, DECEMBER 11, 1957. THE FIVE LOWEST UNIT PRICE BIDS AS OPENED WERE AS FOLLOWS:

TABLE THE GREENLEAF MFG. CO. $105.38 INTERNATIONAL ELECTRIC INDUSTRIES, INC. 395.98 PACIFIC MERCURY T.V. MFG.

399.36 RADIO CITY PRODUCTS CO. 405.00 GENERAL ELECTRONICS COMPANY, INC. 413.34

ALL THE BIDS WERE DULY RECORDED ON THE ABSTRACT OF BIDS.

AT 4:23 P.M. CENTRAL STANDARD TIME, DECEMBER 10, 1957, GENERAL ELECTRONICS COMPANY, INC., SENT FROM MONTGOMERY, ALABAMA, TO THE REDSTONE ARSENAL A TELETYPE MODIFYING ITS BID TO $393.98 PER UNIT. THE TELETYPE WAS RECEIVED IN THE REDSTONE ARSENAL COMMUNICATIONS CENTER AT 5:13 P.M., CENTRAL STANDARD TIME, DECEMBER 10, 1957; HOWEVER, THERE WAS A DELAY IN TRANSMITTING IT FROM THE COMMUNICATIONS CENTER SO THAT IT WAS NOT RECEIVED IN THE INDUSTRIAL DIVISION TELETYPE ROOM UNTIL SOME TIME BEFORE 9:30 A.M. AND NOT BROUGHT TO THE ATTENTION OF THE BID OFFICER UNTIL ABOUT 11:30 A.M., CENTRAL STANDARD TIME, DECEMBER 11, 1957. THEN THE ORIGINAL ABSTRACT OF BIDS WAS ALTERED TO INCLUDE THE MODIFIED BID.

PARAGRAPH 2 OF THE TERMS AND CONDITIONS OF THE INVITATION STATES THAT BIDS MAY BE MODIFIED BY TELEGRAPHIC NOTICE PROVIDED SUCH NOTICE IS RECEIVED PRIOR TO THE TIME SET FOR THE OPENING OF THE BIDS. CLEARLY, THE TELETYPED BID MODIFICATION ARRIVED AT REDSTONE ARSENAL, AND IN THE INDUSTRIAL DIVISION, PRIOR TO THE SCHEDULED BID OPENING TIME. ALL THE TIME IT WAS AT THE INSTALLATION IT WAS OUTSIDE THE BIDDER'S CONTROL. FURTHERMORE, THERE APPEARS TO BE NO QUESTION OF FAVORITISM AND NO POSSIBILITY THAT GENERAL ELECTRONICS COMPANY, INC., SECURED ANY UNFAIR ADVANTAGE.

IN THE CIRCUMSTANCES THERE IS NO PROPER BASIS UPON WHICH OUR OFFICE COULD OBJECT TO THE CONSIDERATION OF THE TELETYPED BID MODIFICATION THE SAME AS THOUGH IT HAD BEEN READ AT THE APPOINTED TIME. SEE A-74879, SEPTEMBER 5, 1936; B-62292, DECEMBER 12, 1946; B-94832, MAY 3, 950; AND B-109082, MAY 23, 1952.