B-145827, JUN. 15, 1961

B-145827: Jun 15, 1961

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INC.: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF MAY 10. BIDS WERE INVITED ON APRIL 3. ITS SECOND PROPOSAL WAS HIGHER THAN A BID OF $17. IT WAS DETERMINED THAT THE BID OF APPLIED DYNAMICS. MET THE REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS AND IT WAS PROPOSED TO MAKE AN AWARD TO THAT COMPANY. MET THE MINIMUM REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS WAS CONFIRMED AFTER CONSIDERATION OF YOUR CONTENTIONS THAT THE COMPUTER DEVIATED FROM THE SPECIFICATIONS IN CERTAIN MAJOR RESPECTS AND THAT THE COMPUTER OFFERED BY YOUR COMPANY IS TRANSISTORIZED. WE MUST ASSUME THAT THE TECHNICAL EVALUATION OF THEIR BID IS CORRECT. IT IS APPARENT THAT THE BID OF YOUR COMPANY COULD NOT HAVE BEEN GIVEN FAVORABLE CONSIDERATION BECAUSE IT FAILED TO MEET SPECIFICATIONS AND THE CONTRACTING OFFICER COULD NOT LEGALLY HAVE PERMITTED A REQUESTED CHANGE IN YOUR BID TO SHOW THAT FOUR MULTIPLIERS.

B-145827, JUN. 15, 1961

TO ELECTRONIC ASSOCIATES, INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF MAY 10, 1961, PROTESTING THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER UNITED STATES MILITARY ACADEMY INVITATION FOR BIDS NO. MA 30-145-61-143, ON THE GROUND THAT THE EQUIPMENT PROPOSED TO BE FURNISHED BY THAT BIDDER DEVIATES FROM THE APPLICABLE SPECIFICATIONS.

BIDS WERE INVITED ON APRIL 3, 1961, FOR THE FURNISHING OF ONE GENERAL PURPOSE ANALOG COMPUTER WITH ACCESSORY UNITS, F.O.B. WEST POINT, NEW YORK. THE LOWEST BIDDER SUBMITTED TWO PROPOSALS, ONE OF WHICH DID NOT MEET SPECIFICATIONS. ITS SECOND PROPOSAL WAS HIGHER THAN A BID OF $17,298.14, SUBMITTED BY APPLIED DYNAMICS, INC., ANN ARBOR, MICHIGAN, AND THE BID SUBMITTED BY YOUR COMPANY IN THE AMOUNT OF $18,195. THREE OTHER BIDDERS QUOTED PRICES OF $19,473, $48,857.32 AND $198,715. IT WAS DETERMINED THAT THE BID OF APPLIED DYNAMICS, INC., MET THE REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS AND IT WAS PROPOSED TO MAKE AN AWARD TO THAT COMPANY.

THE ORIGINAL DETERMINATION OF THE DEPARTMENT OF THE ARMY THAT THE COMPUTER OFFERED BY APPLIED DYNAMICS, INC., MET THE MINIMUM REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS WAS CONFIRMED AFTER CONSIDERATION OF YOUR CONTENTIONS THAT THE COMPUTER DEVIATED FROM THE SPECIFICATIONS IN CERTAIN MAJOR RESPECTS AND THAT THE COMPUTER OFFERED BY YOUR COMPANY IS TRANSISTORIZED, MORE COMPACT, AND MORE EASILY MOVED THAN COMPETITIVE PRODUCTS.

IN THE ABSENCE OF ANY SHOWING ON THE RECORD BEFORE US AS TO WHEREIN THE APPLIED DYNAMICS COMPUTER FAILS TO MEET ANY MATERIAL REQUIREMENT OF THE SPECIFICATIONS, WE MUST ASSUME THAT THE TECHNICAL EVALUATION OF THEIR BID IS CORRECT. IN ANY EVENT, IT IS APPARENT THAT THE BID OF YOUR COMPANY COULD NOT HAVE BEEN GIVEN FAVORABLE CONSIDERATION BECAUSE IT FAILED TO MEET SPECIFICATIONS AND THE CONTRACTING OFFICER COULD NOT LEGALLY HAVE PERMITTED A REQUESTED CHANGE IN YOUR BID TO SHOW THAT FOUR MULTIPLIERS, TYPE 7.045, WOULD BE FURNISHED WITH THE COMPUTER, INSTEAD OF "1 EA.' INDICATED IN YOUR PROPOSAL AT THE TIME OF OPENING OF BIDS, APRIL 25, 1961.