B-145350, MAY 5, 1961
Highlights
NINE BIDS WERE RECEIVED AND OPENED ON DECEMBER 6. WERE REJECTED AS NOT BEING EQUAL TO THE BRAND NAME SPECIFIED. THE FIFTH LOW BID IN THE AMOUNT OF $3.96 EACH WAS REJECTED BECAUSE THE BIDDER WAS A LARGE BUSINESS CONCERN. THE NEW YORK AIR PROCUREMENT DISTRICT WAS REQUESTED TO CONDUCT A PREAWARD SURVEY OF YOUR COMPANY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1-905.4 OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR). THIS ACTION WAS TAKEN TO AFFORD THE CONTRACTING OFFICER SUFFICIENT INFORMATION UPON WHICH HE COULD MAKE A DETERMINATION. AWARD WAS MADE TO THE ELECTRICAL SPECIALTIES COMPANY ON FEBRUARY 17. IT IS CLEAR FROM THE RECORD THAT THE INABILITY OF THE PROCUREMENT AGENCY TO CONDUCT THE NECESSARY PREAWARD SURVEY WAS DUE SOLELY TO ACTIONS OF A REPRESENTATIVE OF YOUR FIRM.
B-145350, MAY 5, 1961
TO ASSOCIATED WIRE INDUSTRIES:
BY LETTER DATED MARCH 13, 1961, YOU PROTESTED AGAINST THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. 30-635-61-238 AT A PRICE SUBSTANTIALLY HIGHER THAN YOUR BID.
THE INVITATION DATED NOVEMBER 7, 1960, REQUESTED BIDS ON A TOTAL SMALL BUSINESS SET-ASIDE BASIS, FOR FURNISHING 4,000 EACH CORD ASSEMBLY, ELECTRICAL, AUTOMATIC ELECTRIC PART NUMBER CD 406560 RD, OR EQUAL. NINE BIDS WERE RECEIVED AND OPENED ON DECEMBER 6, 1960. YOUR FIRM SUBMITTED THE THIRD LOWEST BID IN THE AMOUNT OF $2.86 EACH OR A TOTAL OF $11,440. THE FIRST, SECOND AND FOURTH LOW BIDS IN THE AMOUNTS OF $2.25, $2.83 AND $3.06 EACH, RESPECTIVELY, WERE REJECTED AS NOT BEING EQUAL TO THE BRAND NAME SPECIFIED. ALSO, THE FIFTH LOW BID IN THE AMOUNT OF $3.96 EACH WAS REJECTED BECAUSE THE BIDDER WAS A LARGE BUSINESS CONCERN. SINCE YOUR FIRM HAD SUBMITTED AN OTHERWISE RESPONSIVE BID, THE NEW YORK AIR PROCUREMENT DISTRICT WAS REQUESTED TO CONDUCT A PREAWARD SURVEY OF YOUR COMPANY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1-905.4 OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR). THIS ACTION WAS TAKEN TO AFFORD THE CONTRACTING OFFICER SUFFICIENT INFORMATION UPON WHICH HE COULD MAKE A DETERMINATION--- REQUIRED BY LAW (10 U.S.C. 2305 (C) ( AND REGULATION ISSUED PURSUANT TO LAW (SECTION 1-904, ASPR/--- REGARDING YOUR RESPONSIBILITY AS A PROSPECTIVE GOVERNMENT CONTRACTOR. HOWEVER, THE PROCUREMENT AGENCY REPORTS THAT, IN VIEW OF THE REFUSAL OF A REPRESENTATIVE OF YOUR FIRM TO PROVIDE FINANCIAL DATA AND TO PERMIT A PLANT SURVEY OF YOUR FACILITIES, THE FACILITY ADVISORY BOARD RECOMMENDED THAT NO AWARD BE MADE TO YOUR FIRM.
THEREFORE, AWARD WAS MADE TO THE ELECTRICAL SPECIALTIES COMPANY ON FEBRUARY 17, 1961, AS THE LOWEST RESPONSIBLE, RESPONSIVE BIDDER IN THE AMOUNT OF $17,560. WE FIND NO BASIS TO DISAGREE WITH THE ACTION TAKEN WITH RESPECT TO THIS PROCUREMENT.
IT IS CLEAR FROM THE RECORD THAT THE INABILITY OF THE PROCUREMENT AGENCY TO CONDUCT THE NECESSARY PREAWARD SURVEY WAS DUE SOLELY TO ACTIONS OF A REPRESENTATIVE OF YOUR FIRM. UNDER THE CIRCUMSTANCES THAT AGENCY HAD NO CHOICE BUT TO REJECT YOUR BID.