B-142470, JUL. 1, 1960

B-142470, JUL. 1, 1960

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTERS OF MARCH 31, MAY 7 AND JUNE 25, 1960, WITH ENCLOSURES, PROTESTING THE REJECTION OF YOUR BID UNDER INVITATION FOR BIDS NO. 4359-ELECT. ISSUED BY THE MARINE CORPS SUPPLY ACTIVITY, PHILADELPHIA, PENNSYLVANIA.

THE INVITATION, DATED JANUARY 6, 1960, REQUESTED BIDS--- TO BE OPENED FEBRUARY 8, 1960--- FOR FURNISHING 1,200 FEET OF CABLE DESCRIBED AS FOLLOWS:

"CABLE, POWER, ELECTRICAL: 2 CONDUCTORS, NO. 4/0 AWG, 259 STRANDS, NO. 21 AWG ROPE STRANDED TINNED ANNEALED COPPER CONDUCTORS, TYPE RH (HEAT RESISTANT) RUBBER COMPOUND INSULATION, CONDUCTORS CABLED TO MAKE ROUND WITH NEOPRENE FILLERS MADE INTEGRAL WITH AN INNER NEOPRENE JACKET, REINFORCING WEBBING OUTER BLACK NEOPRENE JACKET TO AN OVERALL DIAMETER OF 1.92 INCHES. ANACONDA SECURITY FLOW TYPE W, OR EQUAL; FSN 6145-519-0225"

THE FOLLOWING PROVISIONS WERE INCLUDED IN THE INVITATION:

"BIDS MUST SET FORTH FULL, ACCURATE, AND COMPLETE INFORMATION AS REQUIRED BY THIS INVITATION FOR BIDS (INCLUDING ATTACHMENTS). * * *

"NAME OF MANUFACTURER AND PART NUMBER OFFERED:

"PLACE OF MANUFACTURE:

"EQUIVALENT OFFER:

"BIDDERS MUST CLEARLY INDICATE WHETHER THEIR BIDS ARE BASED ON A BRAND NAME ITEM OR ON "EQUAL" ITEM BY FURNISHING THE INFORMATION REQUIRED BELOW. IF THE BIDDER DOES NOT IDENTIFY THE BRAND NAME OR DESCRIBE IN FULL THE "OR EQUAL" ITEM WHICH IS OFFERED, AS PROVIDED IN (1) AND (2) BELOW, THE BID WILL BE REJECTED.

"/1) IF THE BIDDER PROPOSES TO FURNISH A BRAND NAME ITEM SPECIFIED IN THIS INVITATION FOR BIDS, THE ITEM SHOULD BE IDENTIFIED BY BRAND NAME IN THE FOLLOWING SPACE. BRAND NAME: ----------------------------- ------

"/2) IF THE BIDDER PROPOSES TO FURNISH AN "OR EQUAL" ITEM, THE FOLLOWING DESCRIPTIVE DATA MUST BE FURNISHED;

"BRAND NAME OF THE ITEM PROPOSED TO BE FURNISHED, IF ANY, AND FULL DESCRIPTION THEREOF, INCLUDING PERTINENT PHYSICAL, MECHANICAL, ELECTRICAL AND CHEMICAL DETAILS AND A STATEMENT EXPLAINING THE DIFFERENCES BETWEEN THE ITEM BEING OFFERED AND ANY ONE OF THE CORRESPONDING BRAND NAME ITEMS CALLED FOR BY THIS INVITATION FOR BIDS. (THIS INFORMATION MAY BE SUPPLIED BY SEPARATE ATTACHMENTS TO THE BID.)"

IN RESPONSE TO THE INVITATION, YOU SUBMITTED THE THIRD LOW BID--- A UNIT PRICE OF $3.4399 AND A TOTAL PRICE OF $4,127.88, LESS A DISCOUNT OF 1 PERCENT 20 DAYS. HOWEVER, YOU DELETED "ANACONDA SECURITY FLOW" FROM THE INVITATION. IN THE BLANK PROVIDED FOR NAME OF MANUFACTURER, ETC., YOU STATED THAT THE CABLE OFFERED WAS "TYPE W. BRONCO 66 INCHES MANUFACTURED BY WESTERN INSULATED WIRE COMPANY AT LOS ANGELES, CALIFORNIA; AND IN THE BLANK AT THE END OF THE ABOVE-QUOTED PROVISION AS TO "EQUIVALENT OFFER" YOU INSERTED "BRONCO 66 THE EQUAL (NO EXCEPTIONS TAKEN).'

ON MARCH 14, 1960, AWARD WAS MADE TO THE GENERAL ELECTRIC COMPANY AS THE LOWEST RESPONSIVE BIDDER AT A PRICE OF $3.425 PER FOOT NET (CONTRACT NO. N150-6434), SINCE THE LOW BID WAS DISREGARDED BECAUSE OF AN ALLEGED ERROR IN THE BID AND THE SECOND AND THIRD LOW BIDS WERE REJECTED AS NONRESPONSIVE INASMUCH AS THEY DID NOT DESCRIBE IN FULL THE "OR EQUAL" ITEM AS REQUIRED BY THE INVITATION. THE ADMINISTRATIVE OFFICE STATES THAT THE INFORMATION FURNISHED BY YOU IN YOUR BID WAS NOT SUFFICIENT TO ENABLE THE CONTRACTING OFFICER TO DETERMINE WHETHER THE CABLE OFFERED WAS EQUAL IN ALL MATERIAL RESPECTS TO THE BRAND SPECIFIED IN THE INVITATION.

IN VIEW OF YOUR FAILURE TO COMPLY WITH THE ABOVE-QUOTED REQUIREMENTS OF THE INVITATION, THERE APPEARS TO BE NO VALID BASIS FOR OBJECTION BY OUR OFFICE TO THE ACTION OF THE CONTRACTING OFFICER IN REJECTING YOUR BID.