B-142832, MAY 27, 1960

B-142832: May 27, 1960

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INC.: REFERENCE IS MADE TO YOUR LETTER DATED MAY 7. YOU PROTEST THE AWARD ON THE BASIS THAT YOU WERE THE LOW BIDDER. YOU TAKE THE POSITION THAT SINCE A GUARANTEED SHIPPING WEIGHT WAS NOT REQUIRED BY THE INVITATION. THE WEIGHT SHOULD NOT HAVE BEEN CONSIDERED IN EVALUATING THE BIDS. THERE WERE CONSIDERED THE FREIGHT RATES FURNISHED BY ITS TRANSPORTATION DIVISION. WHICH RATES WERE $6.66 CWT. YOU ALSO WERE ADVISED THAT SINCE YOU WERE BIDDING ON THE IDENTICAL PART NUMBER. YOUR UNIT PRICE BID WAS $1.08648 AS AGAINST THE LOWER BID OF THE REO DIVISION OF $1.08632 EACH. SINCE TRANSPORTATION COSTS ARE FOR CONSIDERATION IN DETERMINING THE LOWEST RESPONSIVE BID IN TRANSACTIONS OF THIS KIND. WE SEE NOTHING IN THE ACTION TAKEN BY THE BENICIA ARSENAL IN THE MATTER THAT IS SUBJECT TO LEGAL OBJECTION.

B-142832, MAY 27, 1960

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 7, 1960, WITH ENCLOSURES, PROTESTING THE ACTION TAKEN BY THE DEPARTMENT OF THE ARMY IN AWARDING A CONTRACT UNDER INVITATION NO. ORD-04-015-60-90.

IT APPEARS THAT THE ARMY ORDNANCE CORPS, BENICIA ARSENAL, BENICIA,CALIFORNIA, AWARDED A CONTRACT UNDER THE ABOVE INVITATION TO THE REO DIVISION OF THE WHITE MOTOR COMPANY FOR A QUANTITY OF STOP LIGHT SWITCHES AT A UNIT PRICE OF $1.08632. YOU PROTEST THE AWARD ON THE BASIS THAT YOU WERE THE LOW BIDDER. YOU TAKE THE POSITION THAT SINCE A GUARANTEED SHIPPING WEIGHT WAS NOT REQUIRED BY THE INVITATION, THE WEIGHT SHOULD NOT HAVE BEEN CONSIDERED IN EVALUATING THE BIDS.

IT APPEARS FROM THE COPIES OF CORRESPONDENCE FORWARDED BY YOU THAT THE BENICIA ARSENAL ADVISED YOU THAT, IN MAKING THE AWARD, THERE WERE CONSIDERED THE FREIGHT RATES FURNISHED BY ITS TRANSPORTATION DIVISION, WITH SHIPMENT ON GOVERNMENT BILL OF LADING, WHICH RATES WERE $6.66 CWT., F.O.B. NEW YORK, AND $5.86 CWT., F.O.B. DETROIT, MICHIGAN. YOU ALSO WERE ADVISED THAT SINCE YOU WERE BIDDING ON THE IDENTICAL PART NUMBER--- FASCO PART NO. FS-7332--- PROPOSED TO BE FURNISHED BY THE REO DIVISION OF THE WHITE MOTOR COMPANY, NO DIFFERENCE IN SHIPPING WEIGHT WOULD EXIST AND, THEREFORE, BASED ON YOUR WEIGHT OF 1/5 POUND EACH, YOUR UNIT PRICE BID WAS $1.08648 AS AGAINST THE LOWER BID OF THE REO DIVISION OF $1.08632 EACH. UNDER THE CIRCUMSTANCES, IT WOULD NOT APPEAR THAT THE OMISSION OF THE GUARANTEED SHIPPING WEIGHT REQUIREMENT, ALLEGED BY YOU, HAS ANY MATERIAL BEARING ON THE MATTER, AND SINCE TRANSPORTATION COSTS ARE FOR CONSIDERATION IN DETERMINING THE LOWEST RESPONSIVE BID IN TRANSACTIONS OF THIS KIND, WE SEE NOTHING IN THE ACTION TAKEN BY THE BENICIA ARSENAL IN THE MATTER THAT IS SUBJECT TO LEGAL OBJECTION.