B-140349, SEP. 21, 1959

B-140349: Sep 21, 1959

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ESQUIRE: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 29. WHICH WAS THE LOWEST BID RECEIVED. EIGHT OTHER BIDS WERE RECEIVED. ALL BIDS WERE REJECTED AS NON-RESPONSIVE. TEN BIDS WERE RECEIVED UNDER THIS INVITATION. WAS THE LOWEST RECEIVED. THE RECORD BEFORE US DISCLOSES THAT THE TEST CONDUCTED ON THE SAMPLES SUBMITTED UNDER IFB-189-559-59 WERE NOT CONDUCTED IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE INVITATION. THE SAMPLES WERE TESTED ON A BLUEPRINT MACHINE USING A 95 WATT LAMP AND NOT ON ONE UTILIZING A 75 WATT LAMP AS STIPULATED IN THE SPECIFICATIONS. THE REASON FOR THIS DEVIATION IS THAT ALL OF THE BLUEPRINTING MACHINES IN USE AT THE NORFOLK NAVAL SUPPLY CENTER USE 95 WATT LAMPS.

B-140349, SEP. 21, 1959

TO PAUL J. DAY, ESQUIRE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 29, 1959, PROTESTING, IN BEHALF OF ADELPHI RESEARCH AND MANUFACTURING COMPANY, THE CANCELLATION, BY THE PURCHASING DEPARTMENT, NAVAL SUPPLY CENTER, NORFOLK, VIRGINIA, OF INVITATION NO. IFB-189-559-59, DATED MAY 22, 1959, AND THE AWARD OF ANY CONTRACT UNDER THE SUBSTITUTE INVITATION NO. IFB-189-5-60, DATED JULY 13, 1959.

BY INVITATION NO. IFB-189-559-59 THE PURCHASING DEPARTMENT, NAVAL SUPPLY CENTER, NORFOLK, VIRGINIA, REQUESTED BIDS FOR THE FURNISHING OF BLUEPRINT PAPER TO BE IN ACCORDANCE WITH FEDERAL SPECIFICATIONS UU--P 79C, ADMENDMENT-1, DATED JUNE 4, 1954. ADELPHI RESEARCH AND MANUFACTURING COMPANY OFFERED TO FURNISH THE PAPER FOR $9.67 PER ROLL, WHICH WAS THE LOWEST BID RECEIVED. EIGHT OTHER BIDS WERE RECEIVED. ALL BIDS WERE REJECTED AS NON-RESPONSIVE.

INVITATION NO. IFB-189-5-60 REQUESTED BIDS FOR THE FURNISHING OF THE SAME TYPE PAPER. TEN BIDS WERE RECEIVED UNDER THIS INVITATION. THE BID OF SPEIDEL AND COMPANY, IN THE AMOUNT OF $9.47 PER ROLL, WAS THE LOWEST RECEIVED.

THE RECORD BEFORE US DISCLOSES THAT THE TEST CONDUCTED ON THE SAMPLES SUBMITTED UNDER IFB-189-559-59 WERE NOT CONDUCTED IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE INVITATION. THE SAMPLES WERE TESTED ON A BLUEPRINT MACHINE USING A 95 WATT LAMP AND NOT ON ONE UTILIZING A 75 WATT LAMP AS STIPULATED IN THE SPECIFICATIONS. THE REASON FOR THIS DEVIATION IS THAT ALL OF THE BLUEPRINTING MACHINES IN USE AT THE NORFOLK NAVAL SUPPLY CENTER USE 95 WATT LAMPS. THUS,IT APPEARS THAT THE SPECIFICATIONS CONTAINED IN BOTH INVITATIONS DID NOT ACCURATELY REFLECT THE ACTUAL REQUIREMENTS OF THE USING ACTIVITY. FOR THIS REASON THE SUBSTITUTE INVITATION ALSO HAS BEEN CANCELED.

THE ASSISTANT SECRETARY OF THE NAVY (MATERIAL) HAS ADVISED US THAT THE UNDESIRABLE SITUATION CREATED BY CANCELLING THE TWO INVITATIONS INVOLVED IS RECOGNIZED AND THE CIRCUMSTANCES SURROUNDING IT ARE REGRETTED. STEPS HAVE BEEN TAKEN TO ADVISE THE REQUIRING ACTIVITY OF THE IMPORTANCE OF ADEQUATE SPECIFICATIONS TO PRECLUDE RECURRENCES OF THIS NATURE IN FUTURE PROCUREMENTS.

IT IS UNFORTUNATE THAT ADELPHI RESEARCH AND MANUFACTURING COMPANY AND THE OTHER BIDDERS WERE PUT TO THE TIME AND TROUBLE OF SUBMITTING BIDS ON THE BASIS OF INACCURATE REQUIREMENTS AND HAVING THOSE BIDS EXPOSED TO PUBLIC VIEW. HOWEVER, IT APPEARS THAT STEPS HAVE BEEN TAKEN TO PREVENT RECURRENCE OF SUCH SITUATIONS. UNDER THE CIRCUMSTANCES, THERE IS NO BASIS UPON WHICH WE CAN OBJECT TO CANCELLATION OF THE TWO INVITATIONS.

YOUR INTEREST AND SERVICE IN BRINGING THE MATTER TO OUR ATTENTION IS APPRECIATED.