B-143012, JUN. 24, 1960

B-143012: Jun 24, 1960

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO A LETTER DATED JUNE 14. THE LATHE TO BE FURNISHED UNDER ITEM NO. 2 WAS DESCRIBED AS FOLLOWS: "HEAVY DUTY ENGINE LATHE. FOUR BIDS ON ITEM NO. 2 WERE RECEIVED. WAS TRANSMITTED WITH ITS LETTER OF MAY 4. IN PARAGRAPH 3 OF THE LETTER IT WAS STATED THAT "* * * WE ARE ABLE TO OFFER THE LODGE AND SHIPLEY 1610 BY 30 INCH CENTERS POWERTURN ENGINE LATHE TO MEET THE REQUIREMENTS OF YOUR SPECIFICATION WITHOUT EXCEPTION.'. WHICH ALSO IS A PART OF ITS BID. THE FOLLOWING WAS OFFERED: "STANDARD 3-JAW STEADY REST. THESE ACCESSORIES WERE OFFERED IN RESPONSE TO THE REQUIREMENTS OF THE INVITATION FOR THE FOLLOWING: "ONE (1) STEADY REST. THE CONTRACTING OFFICER REPORTS THAT AFTER TECHNICAL EVALUATION IT IS RECOMMENDED THAT THE LOW BID OF VIERECK AT $13.

B-143012, JUN. 24, 1960

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO A LETTER DATED JUNE 14, 1960, FILE R11, FROM THE ASSISTANT CHIEF FOR PURCHASING, BUREAU OF SUPPLIES AND ACCOUNTS, FURNISHING A REPORT ON THE PROTEST OF W. E. SHIPLEY MACHINERY CO., AGAINST THE REJECTION OF ITS BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. IFB 600-1625-60 ISSUED BY THE NAVY PURCHASING OFFICE, WASHINGTON, D.C.

THE INVITATION FOR BIDS COVERED THE FURNISHING OF 2 LATHES. THE LATHE TO BE FURNISHED UNDER ITEM NO. 2 WAS DESCRIBED AS FOLLOWS:

"HEAVY DUTY ENGINE LATHE, AMERICAN TOOL WORKS CO., CINCINNATI 2, OHIO, MODEL 1610 STYLE "B" OR EQUAL; OR R. K. LEBLOND MACHINE TOOL CO., CINCINNATI 8, OHIO, 13 INCH LEBLOND HEAVY DUTY ENGINE LATHE OR EQUAL.'

FOUR BIDS ON ITEM NO. 2 WERE RECEIVED, AS FOLLOWS:

TABLE

GEORGE E. VIERECK AND CO., INC. $13,938.24 EACH

W. E. SHIPLEY MACHINERY CO. 15,380.00 EACH

J. H. ELLIOTT CO. 15,969.50 EACH

CHESAPEAKE MACHINERY CO., INC. 16,251.75 EACH

THE BID OF W. E. SHIPLEY MACHINERY CO. WAS TRANSMITTED WITH ITS LETTER OF MAY 4, 1960. IN PARAGRAPH 3 OF THE LETTER IT WAS STATED THAT "* * * WE ARE ABLE TO OFFER THE LODGE AND SHIPLEY 1610 BY 30 INCH CENTERS POWERTURN ENGINE LATHE TO MEET THE REQUIREMENTS OF YOUR SPECIFICATION WITHOUT EXCEPTION.' IN EXHIBIT B OF ITS PROPOSAL NO. 10287-60, WHICH ALSO IS A PART OF ITS BID, THE FOLLOWING WAS OFFERED:

"STANDARD 3-JAW STEADY REST, CAPACITY 1/2 INCH TO 5 INCHES WITH ROUND RENEWABLE TIP JAWS.

"6 INCH SQUARE ENCO FOUR-WAY TOOL BLOCK.'

THESE ACCESSORIES WERE OFFERED IN RESPONSE TO THE REQUIREMENTS OF THE INVITATION FOR THE FOLLOWING:

"ONE (1) STEADY REST, ROLLER JAW, IRON BODY, CAPACITY 1/2 INCH - 6 INCHES.

"ONE (1) 4 WAY MCCROSKY STYLE E-5 1/2 INCH SQUARE TOOL POST, OR EQUAL, IN PLACE OF ROUND TOOL POST.'

THE CONTRACTING OFFICER REPORTS THAT AFTER TECHNICAL EVALUATION IT IS RECOMMENDED THAT THE LOW BID OF VIERECK AT $13,938.24 EACH BE REJECTED BECAUSE THE SUPPLIES OFFERED WERE NOT EQUAL TO BRAND-NAMED SUPPLIES FOR THE REASONS THAT (1) A 15 HORSEPOWER MOTOR WAS OFFERED IN LIEU OF A 20 HORSEPOWER MOTOR AS REQUIRED BY THE SPECIFICATIONS AND (2) THE REQUIRED TWO-SPEED TAILSTOCK WAS NOT OFFERED.

IN ITS LETTER OF MAY 13, 1960, TO THE CONTRACTING OFFICE, SHIPLEY STATES THAT TWO TYPOGRAPHICAL ERRORS WERE MADE IN ITS BID IN THAT THE CAPACITY OF THE STANDARD STEADY REST SHOULD HAVE BEEN LISTED AS 1/2 INCH TO 6 INCHES AND THAT IT SHOULD HAVE OFFERED A FOUR-WAY MCCROSKY STYLE E 4 1/2 INCH SQUARE TOOL POST INSTEAD OF A 6 INCH SQUARE ENCO FOUR-WAY TOOL BLOCK. IS REPORTED BY THE OFFICER IN CHARGE, NAVY PURCHASING OFFICE, IN HIS MEMORANDUM OF JUNE 11, 1960, THAT THE STEADY REST OFFERED BY SHIPLEY IN ITS BID WITH A CAPACITY OF 1/2 INCH TO 5 INCH DIAMETER IN LIEU OF A STEADY REST WITH A CAPACITY OF 1/2 INCH TO 6 INCH DIAMETER WILL NOT ACCOMMODATE THE WORK REQUIRED. AS TO THE 6 INCH ENCO TOOL BLOCK OFFERED BY SHIPLEY IN ITS BID IT IS REPORTED THAT IT IS NOT THE EQUAL OF THE HEAVYDUTY MCCROSKY E 5 1/2 INCH TOOL POST SINCE IT IS NOT A HEAVY DUTY TOOL BLOCK AND THAT THE EQUIVALENT BLOCK IN THE ENCO LINE WOULD BE THE ENCO HD-4 INCH BLOCK. THE LIST PRICE OF THE BLOCK OFFERED IS REPORTED AS $182 WHEREAS THE LIST PRICE OF THE MCCROSKY TOOL POST SPECIFIED IS $270.

THE QUESTION OF WHETHER A BID WHICH IS NOT RESPONSIVE TO THE INVITATION MAY BE CORRECTED ON THE BASIS OF AN ALLEGATION THAT THE REASON FOR THE BID BEING NONRESPONSIVE WAS AN OVERSIGHT OR MISTAKE WAS CONSIDERED IN 38 COMP. GEN. 819. IT WAS THERE HELD THAT TO PERMIT A BIDDER TO MAKE A BID WHICH IS NOT RESPONSIVE TO THE INVITATION, RESPONSIVE BY CHANGING, ADDING TO, OR DELETING A MATERIAL PART OF THE BID ON THE BASIS OF AN ERROR ALLEGED AFTER OPENING WOULD BE TANTAMOUNT TO PERMITTING A BIDDER TO SUBMIT A NEW BID; AND THAT ONLY AN ALLEGATION OF ERROR IN A BID WHICH IS RESPONSIVE TO THE INVITATION AND IS OTHERWISE PROPER FOR ACCEPTANCE MAY BE CONSIDERED.

THE FACTS IN THIS CASE SHOW THAT THE BID AS SUBMITTED WAS NONRESPONSIVE TO THE INVITATION AND IN VIEW OF THE RULE SET OUT IN 38 COMP. GEN. 819, THE PROPOSED REJECTION OF THE BID OF W. E. SHIPLEY MACHINERY CO., AS BEING NONRESPONSIVE IS PROPER.