B-142648, JUN. 13, 1960

B-142648: Jun 13, 1960

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 18. THE INVITATION WAS ISSUED FEBRUARY 4. ON PAGE 2 OF THE INVITATION BIDDERS WERE REQUESTED TO FURNISH "APPROXIMATE SHIPPING WEIGHTS" AND "APPROXIMATE SHIPPING DIMENSIONS.'. PAGE 3 IT IS PROVIDED THAT THE VANS SHALL BE IN ACCORDANCE WITH BUREAU OF NAVAL WEAPONS PURCHASE DESCRIPTION BUWEPS SEEQ-2 DATED DECEMBER 15. 8 BIDS WERE RECEIVED AS FOLLOWS: $343. AWARD WAS MADE TO CONSOLIDATED DIESEL ELECTRIC CORP. SHOWING THAT YOU WERE THE ONLY BIDDER OFFERING VANS 8 FEET WIDE. WHICH MEASUREMENTS AND WEIGHT YOU CONTEND WERE REQUIRED BY THE INVITATION. THE ESTIMATED WEIGHT OF THE VAN BODY IS STATED TO BE 1. IT IS STATED BY THE CONTRACTING OFFICER THAT THIS ESTIMATED WEIGHT DOES NOT INCLUDE THE WEIGHT OF THE REQUIREMENTS SHOWN ON DRAWINGS 1349-2003.

B-142648, JUN. 13, 1960

TO GREMCO, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 18, 1960, PROTESTING AGAINST THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION IFB600- 1261-60 ISSUED BY THE U.S. NAVY PURCHASING OFFICE, WASHINGTON, D.C.

THE INVITATION WAS ISSUED FEBRUARY 4, 1960, REQUESTING BIDS FOR FURNISHING 20 AIR TRANSPORTABLE MAINTENANCE VANS AND PERTINENT LITERATURE. ON PAGE 2 OF THE INVITATION BIDDERS WERE REQUESTED TO FURNISH "APPROXIMATE SHIPPING WEIGHTS" AND "APPROXIMATE SHIPPING DIMENSIONS.' PAGE 3 IT IS PROVIDED THAT THE VANS SHALL BE IN ACCORDANCE WITH BUREAU OF NAVAL WEAPONS PURCHASE DESCRIPTION BUWEPS SEEQ-2 DATED DECEMBER 15, 1959.

IN RESPONSE TO THE INVITATION, 8 BIDS WERE RECEIVED AS FOLLOWS: $343,320 (CONSOLIDATED DIESEL ELECTRIC CORP.), $373,500, $449,000, $550,460, $583,500, $636,000 (YOUR BID), $910,780, AND $912,020. AWARD WAS MADE TO CONSOLIDATED DIESEL ELECTRIC CORP. AS THE LOWEST RESPONSIVE BIDDER.

BY YOUR LETTER OF APRIL 18, 1960, YOU PROTEST THE AWARD "ON THE GROUND THAT THE BID SUBMITTED BY THE SAID SUCCESSFUL BIDDER DID NOT CONFORM TO THE SPECIFICATIONS SET OUT IN THE INVITATION, PARTICULARLY WITH RESPECT TO WEIGHT AND SIZE.' YOU ALSO LISTED THE BIDS, INCLUDING THE DIMENSIONS AND WEIGHTS OF THE VANS OFFERED BY EACH BIDDER, SHOWING THAT YOU WERE THE ONLY BIDDER OFFERING VANS 8 FEET WIDE, 7 FEET HIGH AND 12 FEET 6 INCHES LONG AND WEIGHING 2,150 POUNDS, WHICH MEASUREMENTS AND WEIGHT YOU CONTEND WERE REQUIRED BY THE INVITATION.

PARAGRAPH 4.2.1 OF BUWEPS-SEEQ-2 DATED DECEMBER 15, 1959, MADE A PART OF THE INVITATION, PROVIDES IN PART:

"EACH VAN BODY, 1A AND 1B, SHALL BE APPROXIMATELY RECTANGULAR IN SHAPE, 12 1/2 FEET LONG, 8 FEET WIDE AND 7 FEET HIGH.'

ON DRAWINGS 1349-2001 AND 1349-2002, REFERRED TO IN YOUR LETTER, THE ESTIMATED WEIGHT OF THE VAN BODY IS STATED TO BE 1,450 POUNDS. IT IS STATED BY THE CONTRACTING OFFICER THAT THIS ESTIMATED WEIGHT DOES NOT INCLUDE THE WEIGHT OF THE REQUIREMENTS SHOWN ON DRAWINGS 1349-2003, 1349- 2006 AND 1349-2049, WHICH COVER THE BENCH INSTALLATION, THE AIR CONDITIONER INSTALLATION, AND THE JACK, ALL OF WHICH ARE COMPONENTS OF THE COMPLETE VAN ASSEMBLY. IT IS STATED FURTHER THAT ADDITIONAL WEIGHT IS TO BE EXPECTED FROM THE INCLUSION OF SHELVES AND CABINET ASSEMBLIES. IT IS TO BE NOTED ALSO THAT THE WEIGHTS AND DIMENSIONS REQUESTED ON PAGE 2 OF THE INVITATION ARE SHIPPING WEIGHTS AND DIMENSIONS AND NOT WEIGHTS AND DIMENSIONS OF THE UNIT ITSELF.

IT THUS APPEARS THAT THE SLIGHT VARIATIONS IN THE DIMENSIONS AND THE GREAT VARIATIONS IN THE WEIGHTS SET OUT IN THE BIDS MAY NOT PROPERLY BE REGARDED AS CAUSING THE BIDS TO BE NONRESPONSIVE. IT IS REPORTED THAT CONSOLIDATED DIESEL ELECTRIC CORP. IS FURNISHING IDENTICAL MATERIAL TO THE NAVY UNDER ANOTHER CONTRACT AND IS MEETING SPECIFICATIONS. IT MAY BE OBSERVED FURTHER THAT OF THE 8 BIDS SUBMITTED IN THE INSTANT MATTER YOUR BID ALONE APPEARS TO HAVE BEEN BASED ON THE ERRONEOUS BELIEF THAT THE APPROXIMATE DIMENSIONS AND WEIGHTS SET OUT IN THE INVITATION WERE INTENDED TO SERVE AS STRICT LIMITATIONS AND TO APPLY TO THE BASIC DIMENSIONS AND WEIGHT OF THE VAN ITSELF, RATHER THAN TO THE ENTIRE VAN ASSEMBLY AS PREPARED FOR SHIPMENT.

IT IS WELL ESTABLISHED THAT THE DRAFTING OF SPECIFICATIONS DESIGNED TO MEET THE MINIMUM NEEDS OF THE GOVERNMENT AND THE DETERMINATION AS TO WHETHER THE BIDS RECEIVED ARE RESPONSIVE TO SUCH SPECIFICATIONS ARE PRIMARILY THE RESPONSIBILITY OF THE ADMINISTRATIVE OFFICE REQUIRING THE MATERIAL, EQUIPMENT, OR SERVICES. 21 COMP. GEN. 1132, 1136. IN THE INSTANT MATTER, IT IS BELIEVED THAT THE INVITATION AND SPECIFICATIONS ARE SO DRAWN AS REASONABLY TO CONVEY THE MEANING INTENDED AND THAT THE BID OF CONSOLIDATED DIESEL ELECTRIC CORP. PROPERLY MAY BE REGARDED AS RESPONSIVE. THEREFORE, THERE IS FOUND NO VALID BASIS FOR OBJECTION BY OUR OFFICE TO THE AWARD AS MADE TO CONSOLIDATED DIESEL ELECTRIC CORP. ..END :