B-144553, MAR. 22, 1961

B-144553, MAR. 22, 1961

TO METRO ENGINEERING AND MANUFACTURING COMPANY, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5, 1960, PROTESTING CONCERNING THE REJECTION OF YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. 60-61 ISSUED BY THE UNITED STATES MARINE CORPS.

THE INVITATION ISSUED ON OCTOBER 13, 1960, AS MODIFIED BY AMENDMENTS NOS. 1 AND 2, DATED NOVEMBER 2, 1960, REQUESTED BIDS TO BE OPENED ON NOVEMBER 18, 1960, FOR FURNISHING 80 ACCESSORY SPARE PARTS REPOSITORIES FOR ELECTRONIC SHOPS AN/GRM-32, AM/GRM-32A AND AN/GRM-38 IN ACCORDANCE WITH ATTACHED PURCHASE DESCRIPTION CSY-3-FY60-15, DATED JULY 25, 1960, AND AMENDMENT NO. 1, DATED SEPTEMBER 26, 1960, AND FIGURES 1 AND 2, TOGETHER WITH SUPPORTING DATA, HANDBOOKS, AND OTHER INFORMATION.

THE PURCHASE DESCRIPTION SPECIFICALLY DETAILS GENERAL REQUIREMENTS, DESIGN OBJECTIVES, CONSTRUCTION, DIMENSIONS, MAXIMUM WEIGHT, PANEL MATERIAL, WELDING, LIFTING EQUIPMENT, SERVICE CONDITIONS, LOADS, TRANSPORTABILITY, HEATING AND VENTILATION, INSTALLATIONS, EQUIPMENT TO BE STOWED, FINISHES, MARKING AND IDENTIFICATION, WORKMANSHIP, INSPECTION AND TESTS, ETC. PARAGRAPHS 1.1 AND 6.1 DESCRIBE THE SCOPE AND INTENDED USE OF THE REPOSITORY AS FOLLOWS:

"1.1 SCOPE. THIS PURCHASE DESCRIPTION ESTABLISHES THE REQUIREMENTS FOR A REPOSITORY COMPLETE WITH RACKS, DRAWERS, DESK AND FILING SYSTEM TO BE USED AS AN ACCESSORY ITEM WITH ELECTRONICS SHOPS AN/GRM-32,AN/GRM 32A AND AN/GRM-38 FOR THE STORAGE AND TRANSPORT OF SPARE ELECTRONICS EQUIPMENT, SUB-ASSEMBLIES, MODULES AND PARTS.'

"6.1 INTENDED USE. THE ACCESSORY SPARE PARTS REPOSITORY FOR ELECTRONICS SHOP AN/GRM-32, AN/GRM-32A, AND AN/GRM-38 IS A UNIT DESIGNED FOR THE STOWAGE AND TRANSPORT OF SPARE ELECTRONICS EQUIPMENT, SUB-ASSEMBLIES, MODULES, PARTS AND PIECES UNDER FIELD CONDITIONS IN A MANNER WHICH WILL MAKE THESE COMPONENTS READILY ACCESSIBLE TO TECHNICIANS CHARGED WITH ELECTRONIC MAINTENANCE RESPONSIBILITIES.'

THE SPECIAL REQUIREMENTS, PAGES 5 AND 6 OF THE INVITATION FOR BIDS, REQUIRED THAT BIDDERS SUBMIT WITH THEIR BIDS DRAWINGS THAT ILLUSTRATE THE FOLLOWING FEATURES:

"A. MATERIAL LIST INTEGRAL WITH DRAWING (A COMPLETE AND COMPREHENSIVE MATERIAL DESCRIPTION INCLUDING SPECIFIC ALLOY TO BE USED).

B. PROPOSED METHODS OF MOUNTING, HOLDING OR STOWING ITEMS IN THE REPOSITORY.

C. DEPICT THE RESPECTIVE RACK IN WHICH EACH UNIT LISTED IN PARAGRAPH 3.38 OF THE PURCHASE DESCRIPTION CSY-3-F60-15 IS TO BE STOWED; THE QUANTITY OF EACH WHICH CAN BE STOWED IN THE REPOSITORY; AND THE GENERAL LAYOUT OF CABINETS, DRAWERS, DESK AND FILE AND CHAIR.

D. FLEXIBILITY OR ADAPTABILITY OF CHANGING THE REPOSITORY RACKS, CABINETS AND DRAWERS, AND DESK SO THAT EQUIPMENT OTHER THAN ITEMS LISTED IN THE PURCHASE DESCRIPTION (CSY-3-FY60-15) MAY BE STOWED IN THE REPOSITORY.'

IT IS REPORTED THAT YOUR BID SUBMITTED IN RESPONSE TO THE INVITATION WAS REJECTED FOR FAILURE TO COMPLY WITH THE FOREGOING SPECIAL REQUIREMENTS.

YOUR OBJECTION TO THE ADMINISTRATIVE ACTION TAKEN APPEARS TO BE THAT THE REQUIREMENTS OF THE PURCHASE DESCRIPTION ARE SO VAGUE AS TO PRECLUDE THE SUBMISSION OF A MORE COMPREHENSIVE BID. THE PRIMARY OBJECTION APPARENTLY RELATES TO THE REQUIREMENTS OF PARAGRAPHS 3.3.3, 3.36 AND 3.38 OF THE PURCHASE DESCRIPTION, WHICH PROVIDE AS FOLLOWS:

"3.3.3 DESIGN OBJECTIVES. THE OBJECTIVES IN THE DESIGN OF THE ACCESSORY SPARE PARTS REPOSITORY SPECIFIED HEREIN ARE:

A. ACHIEVE MAXIMUM UTILIZATION OF AVAILABLE SPACE.

B. UTILIZE CONSTRUCTION CONCEPTS THAT WILL KEEP THE TOTAL WEIGHT OF THE REPOSITORY TO A MINIMUM AND AT THE SAME TIME MAINTAIN MAXIMUM TENSILE AND YIELD STRENGTH.

C. DESIGN FLEXABILITY INTO THE UNIT SO THAT AS FUTURE ELECTRONIC EQUIPMENTS COME INTO USE, PROVISIONS CAN BE MADE FOR STOWING THESE EQUIPMENTS ALONG WITH THEIR SUBASSEMBLIES AND MODULES WITH LITTLE OR NO MODIFICATION TO THE UNIT.

D. PROVIDE PROVISIONS TO PERMIT RAPID AND CONVENIENT MAINTENANCE OF INVENTORY RECORDS, AS WELL AS OTHER FORMS OF PAPER WORK INCIDENT TO THE EFFICIENT OPERATION OF A SUPPLY FUNCTION.

"3.36 FLEXIBILITY. EVERY EFFORT SHALL BE MADE TO PROVIDE SLIDING TRAYS AND DRAWERS OF A FLEXIBLE DESIGN FROM AN EQUIPMENT, SUB-ASSEMBLY OR MODULE HOLD DOWN HARDWARE ASPECT TO ENSURE ADEQUATE STORAGE OF A VARIETY OF THESE UNITS WHICH ARE NOW IN USE IN THE MARINE CORPS OR WHICH MAY BE USED IN THE FUTURE. THE MODULE HOLD DOWN ASSEMBLY TRAYS SHALL BE CAPABLE OF BEING REMOVED FROM THE REPOSITORY AND UTILIZED AS A PROTECTIVE SHIPPING DEVICE FOR THE MODULES.

"3.38 EQUIPMENT TO BE STOWED. PROVISIONS SHALL BE MADE FOR STOWAGE OF A QUANTITY OF THE EQUIPMENT LISTED BELOW. THIS LIST IS NOT INTENDED TO BE RESTRICTIVE, BUT OUTLINES ITEMS PRESENTLY IN USE IN THE MARINE CORPS. THE REPOSITORY SHALL BE ADAPTABLE TO THE FUTURE REQUIREMENTS OF EQUIPMENT STOWAGE AND ADAPTABLE TO ITEMS PRESENTLY IN USE BY THE MARINE CORPS BUT NOT LISTED BELOW. IN ADDITION TO THE ITEMS LISTED BELOW PROVISIONS SHALL BE MADE FOR THE STOWAGE OF PARTS SUCH AS VACUUM TUBES, SEMICONDUCTORS, RESISTORS, CAPACITORS, GASKETS, KNOBS, FUSES, TRANSFORMERS, CONNECTORS, AND OTHER PARTS.'

IT IS ADMINISTRATIVELY REPORTED, AND WE SEE NO BASIS TO DISAGREE THEREWITH, THAT THE ONLY REASONABLE INTERPRETATION THAT CAN BE PLACED UPON THE REQUIREMENTS OF THE PURCHASE DESCRIPTION IS THAT THE WALL SPACE BE COMPLETELY UTILIZED FOR STORAGE PURPOSES, THAT THE STORAGE CONTAINERS BE FLEXIBLE AS TO POSITIONING TO OBTAIN PROPER DISTRIBUTION OF WEIGHT FOR AIR -BORNE TRANSPORTABILITY, AND THAT THE INDIVIDUAL STORAGE PLACES BE ADAPTABLE TO VARYING HEIGHTS SO AS TO ACCOMMODATE A VARIETY OF ELECTRONIC EQUIPMENT, SUB-ASSEMBLIES AND PARTS. WITH RESPECT TO THE REQUIREMENT THAT THE SPACE BE ADAPTABLE FOR ITEMS PRESENTLY IN USE BUT NOT LISTED AND FOR FUTURE REQUIREMENTS, IT CAN ONLY BE ASSUMED THAT SUCH PROVISIONS HAVE REFERENCE TO EQUIPMENT SUB ASSEMBLIES AND PARTS SIMILAR TO THOSE SPECIFIED. IN THAT CONNECTION IT IS REPORTED THAT THE TYPE OF ELECTRONIC EQUIPMENT BEING PURCHASED IS OF MODULAR CONSTRUCTION, THE DIMENSIONS OF WHICH ARE LISTED IN SPECIFICATION MIL-E-16400, REFERRED TO IN THE PURCHASE DESCRIPTION.

IT IS A FUNDAMENTAL PRINCIPLE THAT SPECIFICATIONS MUST BE SO DRAWN AS TO AFFORD ALL BIDDERS AN OPPORTUNITY TO COMPETE ON AN EQUAL BASIS AND THAT THE SPECIFICATIONS MUST BE SUFFICIENTLY DEFINITE TO PERMIT THE PREPARATION AND EVALUATION OF BIDS ON A COMMON BASIS. IN THE INSTANT CASE, IT APPEARS THAT THE SPECIFICATIONS ARE SPECIFIC IN ALL INSTANCES EXCEPT THAT BIDDERS WERE ALLOWED A CERTAIN LEEWAY IN DESIGN AND INSTALLATION OF STORAGE RACKS, CABINETS AND DRAWERS TO AFFORD THE MAXIMUM UTILIZATION OF SPACE AND FLEXIBILITY WITHIN THE SHELTER FOR THE STORAGE OF THE EQUIPMENT AND PARTS LISTED, AND EQUIPMENT AND PARTS NOT LISTED BUT PRESENTLY IN USE, OR WHICH WILL SUBSEQUENTLY COME INTO USE. THE LEEWAY ALLOWED BIDDERS IN THAT REGARD WAS SEVERELY LIMITED BY OTHER PROVISIONS OF THE SPECIFICATION AND THE VERY PURPOSE AND NATURE OF THE SHELTER. WE MUST THEREFORE AGREE THAT THE INVITATION ASKS CLEARLY ENOUGH FOR A DESIGN MAKING COMPLETE UTILIZATION OF THE SPACE AVAILABLE WITHIN THE REPOSITORY AND WE ARE NOT FACED WITH THE QUESTION OF EVALUATION BETWEEN BIDS WHICH PROPOSED COMPLETE UTILIZATION BUT IN DIFFERENT MANNERS.

IN THE CIRCUMSTANCES WE WOULD NOT BE WARRANTED IN QUESTIONING THE ADMINISTRATIVE DETERMINATION THAT THE SPECIFICATIONS HERE INVOLVED ARE SUFFICIENTLY DEFINITE AND THAT BIDDERS WERE AFFORDED AN OPPORTUNITY TO COMPETE ON AN EQUAL BASIS. THEREFORE, AND SINCE YOUR BID WAS NOT RESPONSIVE TO THE INVITATION, THERE IS NO BASIS TO QUESTION THE ADMINISTRATIVE ACTION TAKEN IN THE MATTER.