B-142487, MAY 27, 1960

B-142487, MAY 27, 1960

TO MR. ARNOLD ROSENBERG:

FURTHER REFERENCE IS MADE TO YOUR TELEFAX OF APRIL 4, 1960, PROTESTING ON BEHALF OF FILTRON COMPANY, INC., AGAINST AN AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS NO. ENG-95-507 60-34.

INVITATION FOR BIDS NO. ENG-95-507-60-34, COVERING POWER PLANT RADIO FREQUENCY FILTERS, DISTRIBUTION LINE FILTERS, AND CAPACITOR FEED THROUGH ASSEMBLIES, WAS ISSUED BY THE DISTRICT ENGINEER, U.S. ARMY ENGINEER DISTRICT, ANCHORAGE, ALASKA, ON JANUARY 27, 1960. BIDS WERE OPENED ON FEBRUARY 24, 1960, AND OF FOUR BIDS RECEIVED ON THE INDICATED ITEMS AXEL BROS., INC., SUBMITTED THE LOW BID IN THE TOTAL AMOUNT OF $30,469. THE SECOND LOW BID WAS IN THE AMOUNT OF $30,654, AND FILTRON COMPANY, INC., SUBMITTED THE THIRD LOW BID IN THE AMOUNT OF $34,374.61.

PARAGRAPH SP-6 OF THE SUBJECT INVITATION, HEADED "QUALIFICATIONS," PROVIDED THAT EACH BIDDER WAS REQUIRED TO FURNISH, WITH HIS BID, EVIDENCE THAT HE HAD DESIGNED AND CONSTRUCTED EQUIPMENT OF THE TYPE AND SCOPE SPECIFIED FOR THE CONTRACT, AND TO SUBMIT SUCH OTHER INFORMATION AS WOULD TEND TO SHOW HIS ABILITY TO SATISFACTORILY PERFORM THE REQUIRED WORK. PREVIOUS EXPERIENCE WAS TO BE CONSIDERED AS WELL AS PRESENT FACILITIES IN DETERMINING WHETHER THE BIDDER WAS QUALIFIED.

THE BIDS WERE EVALUATED BY A BID REVIEW BOARD, WHICH CONSIDERED EVIDENCE SUBMITTED BY THE BIDDERS IN ORDER TO SUBSTANTIATE THEIR QUALIFICATIONS PURSUANT TO PARAGRAPH SP-6 OF THE INVITATION. THE BOARD RECOMMENDED THAT THE AWARD BE MADE TO THE LOW BIDDER UPON RECEIPT OF PRE-AWARD DATA, BASED ON FINDINGS THAT THE LOW BID CONTAINED NO IRREGULARITIES OR QUALIFICATIONS AND WAS ACCOMPANIED BY DATA AND PICTURES WHICH PERMITTED THE ASSUMPTION THAT THEIR QUALIFICATIONS ARE VERY GOOD, PENDING A FULL PRE-AWARD SURVEY. A REQUEST FOR SUCH SURVEY WAS MADE THROUGH THE NEW YORK DISTRICT ENGINEER ON FEBRUARY 24, 1960. BY TELETYPE DATED FEBRUARY 29, 1960, THE NEW YORK DISTRICT ENGINEER ADVISED THAT THE LOW BIDDER IS A RESPONSIBLE BIDDER AND HAS THE AVAILABLE PRODUCTION CAPACITY TO PERFORM THE WORK WITHIN THE TIME SPECIFIED. ON MARCH 2, 1960, CONTRACT NO. DA-95-507-ENG-1395 WAS AWARDED TO THE LOW BIDDER, AXEL BROS., INC., AT ITS BID PRICE.

FILTRON COMPANY, INC., PROTESTS TO THIS OFFICE THE AWARD MADE UNDER THE SUBJECT INVITATION, BASED ON THE CONTENTION THAT THEY ARE THE ONLY RESPONSIVE BIDDER QUALIFYING AS TO RESPONSIBILITY UNDER PARAGRAPH SP-6 OF THE INVITATION.

THE DETERMINATION OF A BIDDER'S QUALIFICATIONS TO MEET THE CONTRACT REQUIREMENTS IS PRIMARILY A FUNCTION OF THE OFFICE CHARGED WITH THE ADMINISTRATION OF THE CONTRACT AND, IN THE ABSENCE OF ANY SHOWING OF BAD FAITH OR LACK OF REASONABLE FACTUAL BASIS FOR SUCH DETERMINATION, OUR OFFICE WILL NOT OBJECT TO THE DETERMINATION MADE. B-131753, AUGUST 5, 1957, COPY ENCLOSED. UPON A REVIEW OF THE FACTS PRESENTED, INCLUDING DATA AND PICTURES OFFERED BY THE LOW BIDDER IN SUPPORT OF THE FINDINGS AND RECOMMENDATION OF THE BID REVIEW BOARD, AND THE RESULT OF THE PRE-AWARD SURVEY, WE ARE UNABLE TO SAY THAT THE AWARD TO AXEL BROS., INC., WAS NOT JUSTIFIED.

ACCORDINGLY, WE MUST CONCLUDE THAT THE RECORD FAILS TO PRESENT ANY BASIS FOR REQUIRING OR JUSTIFYING ANY FURTHER ACTION BY THIS OFFICE WITH RESPECT TO THE AWARD MADE UNDER CONTRACT NO. DA-95-507-ENG-1395.