B-135034, FEB. 10, 1958

B-135034, FEB. 10, 1958

TO MR. G. M. PLYMALE, DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 24, 1958, FILE REFERENCE 810, WITH ENCLOSURES, REQUESTING A DECISION WHETHER GENERAL ELECTRIC COMPANY, DENVER, COLORADO, SHOULD BE ALLOWED TO CORRECT ITS BID BECAUSE OF AN ERROR IT ALLEGED UPON YOUR REQUEST FOR VERIFICATION.

SCHEDULE NO. 1 OF INVITATION NO. 100S-320 SOLICITED BIDS FOR SIX 2300- VOLT MOTOR CONTROLLERS. INVITATION SPECIAL REQUIREMENT C-2 (A) PROVIDES:

"THE 2300-VOLT MOTOR CONTROLLERS SHALL BE * * * IN ACCORDANCE WITH NEMA STANDARDS FOR INDUSTRIAL CONTROL (IC1-1954) FOR CLASS E1 CONTROLLERS.'

NEMA STANDARDS FOR INDUSTRIAL CONTROL STATES:

"CLASS E1 CONTROLLERS EMPLOY THEIR CONTACTS FOR BOTH STARTING THE MOTOR AND INTERRUPTING SHORT CIRCUITS.'

THE BID OF THE GENERAL ELECTRIC COMPANY, THE LOW BIDDER, STATES:

"CONTROLLERS ARE OUR TYPE IC7008-W1B (WITH CONVERSION KIT UNDER ITEM 2), AND ARE IN ACCORDANCE WITH YOUR SPECIFICATIONS AND THE ATTACHED G.E. SPECIFICATIONS ICO-12957, DESCRIPTIVE BULLETIN GEA-5409B AND OUTLINE PRINT P-5784051.'

YOU STATE THAT THE EQUIPMENT DESCRIBED IN THE ATTACHED G.E. SPECIFICATIONS, DESCRIPTIVE BULLETIN AND OUTLINE PRINT, IS IN ACCORDANCE WITH NEMA STANDARDS FOR CLASS E2 CONTROLLERS, WHICH STATE:

"CLASS E2 CONTROLLERS EMPLOY THEIR CONTACTS FOR STARTING THE MOTOR AND FUSES FOR INTERRUPTING SHORT CIRCUITS.'

IN VIEW OF THE INCONSISTENCY BETWEEN THE BIDDER'S STATEMENT THAT THE CONTROLLERS ARE IN ACCORDANCE WITH INVITATION SPECIFICATIONS, AND THE G.E. LITERATURE THAT WAS ATTACHED TO THE BID, YOU REQUESTED THE BIDDER TO CLARIFY THE TYPE OF EQUIPMENT IT PROPOSED TO FURNISH. THE BIDDER REPLIED THAT IT INTENDED TO COMPLY WITH THE REQUIREMENT FOR E1 CONTROLLERS AND IT SUBMITTED G.E. SPECIFICATIONS, A DESCRIPTIVE BULLETIN AND AN OUTLINE PRINT COVERING THAT CLASS OF EQUIPMENT.

PARAGRAPH B-4 AND B-5 OF THE SPECIAL REQUIREMENTS INCLUDED IN THE INVITATION PROVIDED AS FOLLOWS:

"B-4. BIDDER'S COMPLIANCE WITH DATA REQUIREMENTS. BECAUSE OF THE INTRICATE AND COMPLEX NATURE OF THIS EQUIPMENT, FULL COMPLIANCE WITH THE REQUIREMENTS OF THE INVITATION IS ESSENTIAL. REGARDLESS OF ANY STATEMENT BY THE BIDDER WITH RESPECT TO HIS INTENTION OR ABILITY TO COMPLY, FAILURE ON HIS PART TO SUBMIT REQUIRED DATA OR DESCRIPTIVE MATERIAL OR FAILURE OF DATA OR MATERIAL SUBMITTED TO CONFORM SUBSTANTIALLY TO THE REQUIREMENTS OF THE INVITATION WILL PRECLUDE CONSIDERATION OF THE BID FOR AWARD.

"B-5. DATA REQUIRED OF BIDDERS. EACH BIDDER SHALL FURNISH WITH HIS BID DESCRIPTIVE LITERATURE, SPECIFICATIONS, DRAWINGS, SINGLE-LINE WIRING DIAGRAMS, OR OTHER DATA SUFFICIENT TO IDENTIFY THE TYPE, RATING, OUTLINE DIMENSIONS, AND FUNCTIONS OF THE EQUIPMENT AND COMPONENTS HE PROPOSES TO FURNISH. THE ABOVE DRAWINGS SHALL BE FURNISHED IN DUPLICATE.'

THESE PROVISIONS ARE CLEAR AND DEFINITE AND CONFORM FULLY TO THE PROCEDURE RECOMMENDED IN 36 COMP. GEN. 376. IN VIEW THEREOF WE CAN PERCEIVE NO BASIS FOR CONSIDERATION OF THE GENERAL ELECTRIC BID. SEE ALSO 36 COMP. GEN. 251; ID. 705.