B-142013, FEB. 25, 1960

B-142013: Feb 25, 1960

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

VETERANS ADMINISTRATION HOSPITAL: REFERENCE IS MADE TO YOUR LETTER (5247/134). WERE RECEIVED IN RESPONSE TO THE INVITATION. AT THE TIME BIDS WERE OPENED AND READ ALOUD IN YOUR OFFICE IN THE PRESENCE OF YOURSELF. WAS QUESTIONED AS TO HIS FIRM'S BID PRICE. HE STATED THAT THE PRICE WAS CORRECT AND THAT HIS FIRM WOULD VERIFY IT. SINCE NO EXCEPTION WAS NOTED ON THE BID FORM FURTHER INQUIRY WAS MADE AS TO WHETHER HIS FIRM INTENDED TO FURNISH THE EXACT PRODUCTS LISTED IN THE SPECIFICATIONS. WAS NOT A DISTRIBUTOR FOR KANE'S PRODUCTS AND PROPOSED TO FURNISH ITEMS OF ITS OWN MANUFACTURE. ON PAGE GR-1 OF THE GENERAL REQUIREMENTS OF THE SPECIFICATIONS UNDER THE HEADING "SPECIAL NOTE: " IT IS STATED THAT A BIDDER IS REQUIRED TO DESIGNATE IN ITS BID IF IT INTENDS TO QUOTE ON A PRODUCT OTHER THAN THE ITEM SPECIFIED.

B-142013, FEB. 25, 1960

TO MR. O. BOHNEN, CONTRACTING OFFICER, VETERANS ADMINISTRATION HOSPITAL:

REFERENCE IS MADE TO YOUR LETTER (5247/134), DATED FEBRUARY 12, 1960, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER THE BID OF NEY-LAND, INC., MOUNT VERNON, NEW YORK, MAY BE CONSIDERED IN MAKING THE AWARD FOR ITEM NO. 1 ON INVITATION DATED DECEMBER 31, 1959, AND ADDENDUM NO. 1 THERETO DATED JANUARY 8, 1960, FOR FURNISHING ALL LABOR, EQUIPMENT, AND MATERIALS AND PERFORMING ALL WORK FOR THE FABRICATION AND INSTALLATION OF 2,383 HALF, SLIDING, ALUMINUM STORM SASH FOR PROJECT NO. 31-5574 AT THE VETERANS ADMINISTRATION HOSPITAL, ALBANY, NEW YORK.

THE RECORD SHOWS THAT SIX BIDS, TOGETHER WITH THE REQUIRED BID BONDS, WERE RECEIVED IN RESPONSE TO THE INVITATION, AS FOLLOWS:

TABLE

BIDDER AMOUNT OF BID

NEY-LAND, INC. $39,200.00

MOUNT VERNON, NEW YORK

APEX-PARTRIDGE WEATHERSTRIP 49,957.00

AND SCREEN CO., INC.

NEW YORK, NEW YORK

EVERSEAL WINDOW COMPANY, INC. 50,450.00

LATHAM, NEW YORK

GOLDBERG BUILDING MATERIAL 53,974.95

CORP.

TROY, NEW YORK

THE BRIN METALS CORPORATION 55,995.00

ALBANY, NEW YORK

DAVID DONOVAN 58,860.00 (WITH ALTERNATES

BOSTON, MASSACHUSETTS (A) AND (B) AT

$53,498)

YOU STATE THAT, AT THE TIME BIDS WERE OPENED AND READ ALOUD IN YOUR OFFICE IN THE PRESENCE OF YOURSELF, OTHER INTERESTED VETERANS ADMINISTRATION PERSONNEL, AND REPRESENTATIVES OF THE FIRMS OF APEX PARTRIDGE WEATHERSTRIP AND SCREEN CO., EVERSEAL WINDOW COMPANY, INC., GOLDBERG BUILDING MATERIAL CORP., AND NEY-LAND, INC., BECAUSE OF THE WIDE DISPARITY BETWEEN THE LOW BID OF NEY-LAND, INC., AND THE NEXT LOW BID OF APEX-PARTRIDGE WEATHERSTRIP AND SCREEN CO., INC., THE REPRESENTATIVE OF NEY-LAND, INC., WAS QUESTIONED AS TO HIS FIRM'S BID PRICE. HE STATED THAT THE PRICE WAS CORRECT AND THAT HIS FIRM WOULD VERIFY IT, IF REQUIRED. SINCE NO EXCEPTION WAS NOTED ON THE BID FORM FURTHER INQUIRY WAS MADE AS TO WHETHER HIS FIRM INTENDED TO FURNISH THE EXACT PRODUCTS LISTED IN THE SPECIFICATIONS. NEY-LAND'S REPRESENTATIVE FIRST ANSWERED IN THE AFFIRMATIVE BUT IN THE DISCUSSION WHICH FOLLOWED, IN WHICH THE REPRESENTATIVES OF THE OTHER BIDDERS PARTICIPATED, HE CHANGED HIS ANSWER AND STATED THAT NEY-LAND, INC., WAS NOT A DISTRIBUTOR FOR KANE'S PRODUCTS AND PROPOSED TO FURNISH ITEMS OF ITS OWN MANUFACTURE. IN A LETTER DATED FEBRUARY 3, 1960, NEY-LAND, INC., CONFIRMED ITS REPRESENTATIVE'S STATEMENTS AS TO THE PRICE AND SPECIFICATIONS COVERED BY ITS BID.

ON PAGE GR-1 OF THE GENERAL REQUIREMENTS OF THE SPECIFICATIONS UNDER THE HEADING "SPECIAL NOTE: " IT IS STATED THAT A BIDDER IS REQUIRED TO DESIGNATE IN ITS BID IF IT INTENDS TO QUOTE ON A PRODUCT OTHER THAN THE ITEM SPECIFIED. ON PAGE G-7 OF THE GENERAL CONDITIONS, PARAGRAPH 18 PERMITS THE USE OF MATERIALS OTHER THAN THOSE REFERRED TO BY NAME IN THE SPECIFICATIONS IF CONSIDERED BY THE CONTRACTING OFFICER TO BE EQUAL. PAGE G-8 UNDER PARAGRAPH 19 IT IS SPECIFICALLY PROVIDED THAT "UNLESS THE BIDDER CLEARLY INDICATES IN HIS BID THAT HE IS OFFERING A DIFFERENT ARTICLE, HIS BID SHALL BE CONSIDERED AS OFFERING A BRAND NAME ARTICLE REFERENCED IN THE INVITATION.' IT IS ALSO PROVIDED THAT BIDS OFFERING ARTICLES OTHER THAN BRAND NAME ARTICLES REFERENCED IN THE INVITATION WILL BE CONSIDERED ONLY IF SUCH OFFERED ARTICLES ARE CLEARLY IDENTIFIED IN THE BIDS AND BIDDERS FURNISH WITH THEIR BIDS DESCRIPTIVE MATERIAL OF THE ARTICLES OFFERED AND A STATEMENT SHOWING IN DETAIL THE DIFFERENCE BETWEEN THE ARTICLES OFFERED AND THOSE REFERENCED IN THE INVITATION. IT IS FURTHER PROVIDED THAT FAILURE TO FURNISH SUCH INFORMATION WILL REQUIRE REJECTION OF THE BIDS.

NEY-LAND, INC., DID NOT QUALIFY ITS BID TO SHOW THAT IT INTENDED TO FURNISH ITS OWN MANUFACTURED PRODUCTS IN LIEU OF THE PRODUCTS BEARING THE BRAND NAME OF "KANE" CALLED FOR IN THE SPECIFICATIONS. SINCE NEY LAND, INC., ADVISED AFTER BID OPENING THAT IT DID NOT INTEND TO FURNISH THE BRAND PRODUCTS SPECIFIED IN THE INVITATION, THE GOVERNMENT CANNOT NOW IN GOOD FAITH ACCEPT THE ORIGINAL BID AND INSIST UPON PERFORMANCE IN STRICT ACCORDANCE WITH THE SPECIFICATIONS. ALSO, NEY LAND, INC., MAY NOT BE PERMITTED TO CHANGE ITS BID IN THE MANNER IT NOW PROPOSES. HAVING SUBMITTED ITS BID UPON THE BASIS THAT IT WOULD FURNISH THE BRAND NAME PRODUCTS SPECIFIED IN THE INVITATION IT IS PRECLUDED FROM HAVING ITS BID CONSIDERED UPON THE ALTERNATIVE BASIS OF FURNISHING PRODUCTS OF ITS OWN MANUFACTURE AS REQUESTED AFTER THE OPENING OF THE BIDS. CONSIDERATION OF THE BID AFTER BID OPENING UPON A BASIS DIFFERENT FROM THAT UPON WHICH IT WAS ORIGINALLY SUBMITTED WOULD NOT ONLY BE PREJUDICIAL TO OTHER BIDDERS BUT TANTAMOUNT TO PERMITTING A BIDDER TO SUBMIT A NEW BID. SEE 37 COMP. GEN. 645. ACCORDINGLY, THE BID OF NEY-LAND, INC., MAY NOT BE CONSIDERED FOR AWARD.