B-142961, JUL. 29, 1960

B-142961: Jul 29, 1960

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TO LEONARD'S EQUIPMENT COMPANY: REFERENCE IS MADE TO YOUR TELEGRAM OF MAY 23. A DEPOSIT WAS SUBMITTED IN THE AMOUNT OF $1. WHICH WAS $13.69 SHORT OF THE FULL 20 PERCENT DEPOSIT. THE BID ON ITEM 8 WAS $1. THE BUREAU OF SUPPLIES AND ACCOUNTS ADVISED THE NAVAL SUPPLY CENTER TO CONSIDER THIS BID FOR AWARD IF THIS BIDDER WAS HIGH AND WAS AN OTHERWISE ACCEPTABLE BIDDER. THIS DETERMINATION WAS BASED ON OUR DECISION B-140624 OF NOVEMBER 23. AWARD OF ITEM NO. 8 WAS MADE TO THE CALIFORNIA TRUCK PARTS AND EQUIPMENT COMPANY ON MAY 9. THE FACTS IN THIS CASE ARE SIMILAR TO THOSE CONSIDERED IN THE DECISION OF MARCH 3. HERE THE BID DEPOSIT SUBMITTED BY CALIFORNIA TRUCK PARTS AND EQUIPMENT COMPANY WAS SHORT BY $13.69 FOR THE AGGREGATE OF ALL ITEMS BID UPON.

B-142961, JUL. 29, 1960

TO LEONARD'S EQUIPMENT COMPANY:

REFERENCE IS MADE TO YOUR TELEGRAM OF MAY 23, 1960, PROTESTING THE ACTION OF THE DEPARTMENT OF THE NAVY IN MAKING A SALE OF A CRANE, ITEM 8, TO CALIFORNIA TRUCK PARTS AND EQUIPMENT COMPANY UNDER SALES INVITATION NO. B- 98-60-244, SINCE THAT COMPANY FAILED TO SUBMIT THE REQUIRED 20 PERCENT BID DEPOSIT.

THE CALIFORNIA TRUCK PARTS AND EQUIPMENT COMPANY SUBMITTED BIDS ON SEVERAL ITEMS IN THE AGGREGATE AMOUNT OF $7,293.47. A DEPOSIT WAS SUBMITTED IN THE AMOUNT OF $1,445, WHICH WAS $13.69 SHORT OF THE FULL 20 PERCENT DEPOSIT. THE BID ON ITEM 8 WAS $1,896.99.

IN RESPONSE TO THE NAVAL SUPPLY CENTER'S INQUIRY REGARDING THE BID OF CALIFORNIA TRUCK PARTS AND EQUIPMENT COMPANY, THE BUREAU OF SUPPLIES AND ACCOUNTS ADVISED THE NAVAL SUPPLY CENTER TO CONSIDER THIS BID FOR AWARD IF THIS BIDDER WAS HIGH AND WAS AN OTHERWISE ACCEPTABLE BIDDER. THIS DETERMINATION WAS BASED ON OUR DECISION B-140624 OF NOVEMBER 23, 1959, WHICH STATED THAT A BID SHOULD NOT BE REJECTED WHEN THE BIDDER "SUBSTANTIALLY" COMPLIES WITH THE DEPOSIT REQUIREMENTS OF THE INVITATION, AND B-141637 OF MARCH 3, 1960, IN WHICH WE HELD THAT A BID NOT ACCOMPANIED BY SECURITY SUFFICIENT TO COVER THE ENTIRE AMOUNT OF THE BID MAY NEVERTHELESS BE CONSIDERED FOR AWARD OF SUCH ITEMS AS MAY BE COVERED BY THE SECURITY FURNISHED. AWARD OF ITEM NO. 8 WAS MADE TO THE CALIFORNIA TRUCK PARTS AND EQUIPMENT COMPANY ON MAY 9, 1960, UNDER SALES CONTRACT NO. N244S-58326.

THE FACTS IN THIS CASE ARE SIMILAR TO THOSE CONSIDERED IN THE DECISION OF MARCH 3, 1960, B-141637. HERE THE BID DEPOSIT SUBMITTED BY CALIFORNIA TRUCK PARTS AND EQUIPMENT COMPANY WAS SHORT BY $13.69 FOR THE AGGREGATE OF ALL ITEMS BID UPON. HOWEVER, THE DEPOSIT WAS WELL IN EXCESS OF THE 20 PERCENT REQUIRED FOR ITEM 8, THE ONLY ITEM UPON WHICH THE COMPANY WAS THE HIGHEST BIDDER. THEREFORE THE GOVERNMENT WAS ADEQUATELY PROTECTED BY A DEPOSIT OF 20 PERCENT OF THE AMOUNT AS TO WHICH THE BIDDER WAS SUCCESSFUL.

SINCE THE ACTION TAKEN BY THE ADMINISTRATIVE OFFICE WAS IN ACCORDANCE WITH OUR DECISION OF MARCH 3, 1960, WE SEE NO GROUND TO TAKE ANY ACTION WITH RESPECT TO THE CONTRACT AWARDED IN THIS INSTANCE.