B-136288, JUL. 22, 1958

B-136288: Jul 22, 1958

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TO TOLEDO SCALE CORPORATION: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE REJECTION OF YOUR REPORTED LOW BIDS ON INVITATIONS NOS. WAS ACCOMPANIED BY DESCRIPTIVE LITERATURE ENTITLED "TOLEDO VALUE PRINT SYSTEM. " WHICH CLEARLY INDICATED THAT THE TYPE OF EQUIPMENT YOU PROPOSED TO FURNISH WAS NON-RESPONSIVE TO THE SPECIFICATIONS IN THAT IT WAS NOT ENTIRELY AUTOMATIC. THE PRINCIPAL FEATURES WHEREIN THE SCALE YOU OFFERED FAILED TO MEET THE MINIMUM REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS ARE AS FOLLOWS: TABLE AUTOMATIC WEIGHING. IT WAS FOUND THAT THE EQUIPMENT YOU PROPOSED TO FURNISH FAILED TO COMPLY WITH SPECIFICATIONS IN THE FOLLOWING PARTICULARS: TOLEDO TRIANGLE CROSS-WRAP AUTOMATIC MACHINE MACHINE SPECIFIED AND ORDERED (1) OPERATOR REQUIRED TO MAKE THE (1) OPERATOR PLACES ITEM FIRST TWO FOLDS BY HAND AND TO BE WRAPPED ON A PLACE THE PACKAGE ON A HEAT CONVEYER BELT WHICH SEAL UNIT BEFORE PLACING IT FEEDS THE MACHINE.

B-136288, JUL. 22, 1958

TO TOLEDO SCALE CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE REJECTION OF YOUR REPORTED LOW BIDS ON INVITATIONS NOS. ENG-44-008-58-96 AND ENG 44-008-58- 97, ISSUED MAY 12, 1958, BY THE PURCHASING AND CONTRACTING OFFICE, FORT BELVOIR, VIRGINIA.

INVITATION NO. ENG-44-008-58-96 CALLED FOR THE FURNISHING AND INSTALLATION AT FORT BELVOIR OF ONE SCALE, PREPACKING, AUTOMATIC, WEIGHING, COMPUTING, LABEL PRINTING, ISSUING MACHINE, AS SPECIFIED. YOUR PROPOSAL OF MAY 19, 1958, FOR $1,826, WAS ACCOMPANIED BY DESCRIPTIVE LITERATURE ENTITLED "TOLEDO VALUE PRINT SYSTEM," WHICH CLEARLY INDICATED THAT THE TYPE OF EQUIPMENT YOU PROPOSED TO FURNISH WAS NON-RESPONSIVE TO THE SPECIFICATIONS IN THAT IT WAS NOT ENTIRELY AUTOMATIC, AS REQUIRED, BUT REQUIRED SEVERAL MANUAL OPERATIONS. THE PRINCIPAL FEATURES WHEREIN THE SCALE YOU OFFERED FAILED TO MEET THE MINIMUM REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS ARE AS FOLLOWS:

TABLE

AUTOMATIC WEIGHING,

TOLEDO VALUE PRINT SYSTEM COMPUTING AND LABELING

SYSTEM SPECIFIED (1) FIVE (5) SEPARATE AND DISTINCT (1) TWO (2) SEPARATE AND

MOTIONS REQUIRED BY THE DISTINCT MOTIONS

OPERATOR. REQUIRED BY OPERATOR. (2) READING OF THE MACHINE TO OBTAIN (2) NO READING OF THE

DATA FOR USE BY THE OPERATOR IN MACHINE REQUIRED OF

IMPRINTING THE LABEL. THE OPERATOR FOR

IMPRINTING THE LABEL. (3) THE PRICE PER PACKAGE REQUIRES A (3) NO KEY BOARD OPERATION

KEY BOARD PUNCHING OPERATION BY REQUIRED OF THE

THE OPERATOR. OPERATOR. (4) EACH INDIVIDUAL LABEL MUST BE PLACED (4) THE OPERATOR DOES NOT

INTO TWO DISTINCT LOCATIONS BY THE TOUCH THE LABEL AT

OPERATOR IN ORDER TO IMPRINT THE ALL.

PRICE PER PACKAGE AND TO ATTACH THE

LABEL.

INVITATION NO. ENG-44-008-58-97 CALLED FOR A PACKAGING MACHINE, MEAT AND PRODUCE WRAPPER, FULLY AUTOMATIC, ELECTRICALLY OPERATED, AS SPECIFIED. FROM AN EXAMINATION OF THE DESCRIPTIVE LITERATURE, ENTITLED "TOLEDO TRIANGLE CROSS-WRAP," WHICH ACCOMPANIED YOUR PROPOSAL OF MAY 19, 1958, IT WAS FOUND THAT THE EQUIPMENT YOU PROPOSED TO FURNISH FAILED TO COMPLY WITH SPECIFICATIONS IN THE FOLLOWING PARTICULARS:

TOLEDO TRIANGLE CROSS-WRAP AUTOMATIC MACHINE

MACHINE SPECIFIED AND ORDERED (1) OPERATOR REQUIRED TO MAKE THE (1) OPERATOR PLACES ITEM

FIRST TWO FOLDS BY HAND AND TO BE WRAPPED ON A

PLACE THE PACKAGE ON A HEAT CONVEYER BELT WHICH

SEAL UNIT BEFORE PLACING IT FEEDS THE MACHINE, THE

IN MACHINE FOR THE FINAL TWO OPERATOR REMAINING IN

FOLDS AND SEAL. THE SAME LOCATION,

REMOVING THE WRAPPED

AND SEALED PACKAGES

FROM THE MACHINE. (2) THE RATE OF PRODUCTION OF (2)THE RATE OF PRODUCTION

MACHINE IS LIMITED TO THE OF MACHINE CONTROLLED

RAPIDITY AND SKILL WITH WHICH BY THE SPEED WITH

THE OPERATOR CAN PERFORM THE WHICH THE UNSKILLED

PREWRAP OPERATION. OPERATOR PLACES THE

ITEM ONTO THE CONVEYOR

BELT. MACHINE CAPABLE

OF WRAPPING 40

PACKAGES PER MINUTE. (3) YOUR MACHINE IS KNOWN IN THE (3) THE MACHINE SPECIFIED

TRADE AS A SEMI-AUTOMATIC IS A FULLY AUTOMATIC

MACHINE. MACHINE.

IN ADDITION TO THE FOREGOING, IT IS ESTIMATED THAT BY ORDERING THE WRAPPING MACHINE SPECIFIED, THERE WILL RESULT A 10 PERCENT SAVINGS IN THE PURCHASE PRICE OF THE FOUR SIZES OF ROLL PAPER USED IN THE AUTOMATIC MACHINE, AS COMPARED TO THE SIX TO 10 SIZES OF PRE-CUT WRAPPING PAPER USED IN THE SEMI-AUTOMATIC TOLEDO MACHINE.

IT LONG HAS BEEN RECOGNIZED THAT THE FUNCTION OF DETERMINING WHETHER EQUIPMENT OFFERED BY A BIDDER CONFORMS WITH THE DETAILED REQUIREMENT OF THE ADVERTISED SPECIFICATIONS IS ONE FOR EXERCISE BY THE CONTRACTING AND ADMINISTRATIVE OFFICIALS OF THE GOVERNMENT. SEE O BRIEN V. CARNEY, 6 F.SUPP. 761; ROYAL SUNDRIES CORP. V. UNITED STATES, 111 F.SUPP. 136.

THE EQUIPMENT OFFERED BY YOU HAVING FAILED TO MEET THE SPECIFICATION REQUIREMENTS IN THE AFORESAID PARTICULARS, WE HAVE NO ALTERNATIVE BUT TO AFFIRM THE ACTION OF THE PURCHASING AGENCY IN HAVING REJECTED YOUR PROPOSALS.