B-146195, AUG. 10, 1961

B-146195: Aug 10, 1961

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TO ENDEVCO CORPORATION: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 19. TWO OTHER BIDS WERE RECEIVED. UPON EVALUATION OF THE BIDS IT WAS DETERMINED THAT YOUR BID WAS NONRESPONSIVE AND. AN AWARD OF CONTRACT WAS MADE TO THE MASSA DIVISION. YOU CONTEND THAT YOUR BID WAS REJECTED AS BEING NONRESPONSIVE BECAUSE OF THE DELIVERY TIME STATED IN YOUR STANDARD QUOTATION FORM AND YOU SET FORTH CERTAIN REASONS WHY YOU BELIEVE SUCH ACTION WAS IMPROPER. THE NEWPORT NAVAL SUPPLY DEPOT REPORTS THAT IN THE BID EVALUATION PROCESS ALL BIDS WERE REFERRED TO THE NAVAL REQUIRING ACTIVITY FOR TECHNICAL EVALUATION AND RECOMMENDATION. DID NOT MEET THE REQUIREMENTS OF THE SPECIFICATIONS FOR THE FOLLOWING REASONS: "/1) THE USEABLE FREQUENCY RANGE OF THE ACCELEROMETER IS 10 CPS TO 15 KC VS.

B-146195, AUG. 10, 1961

TO ENDEVCO CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 19, 1961, PROTESTING THE ACTION TAKEN BY THE NAVAL SUPPLY DEPOT, NEWPORT, RHODE ISLAND, UNDER INVITATION NO. 298-194-61.

IN RESPONSE TO THE INVITATION, ISSUED ON MAY 10, 1961, YOU SUBMITTED A BID DATED MAY 23, 1961, OFFERING TO FURNISH ITEM NO. 1, COVERING SIX MASSA VIBRATION MEASUREMENT SYSTEMS, OR EQUAL, INCLUDING SIX POWER SUPPLIES, ETC., AT $818 EACH, OR FOR A TOTAL PRICE OF $4,908. TWO OTHER BIDS WERE RECEIVED, ONE IN THE AMOUNT OF $1,030 EACH FOR THE MEASUREMENT SYSTEMS, ETC., AND THE OTHER, APPARENTLY IN ERROR, IN THE AMOUNT OF $2,500 EACH, WITH AN ALTERNATE QUOTATION OF $2,900 EACH. UPON EVALUATION OF THE BIDS IT WAS DETERMINED THAT YOUR BID WAS NONRESPONSIVE AND, THEREFORE, AN AWARD OF CONTRACT WAS MADE TO THE MASSA DIVISION, COHN ELECTRONICS, INC., ON THE BASIS OF ITS UNIT PRICE BID OF $1,030. THIS ACTION PROMPTED YOUR PROTEST.

IN YOUR LETTER DATED JUNE 19, 1961, YOU CONTEND THAT YOUR BID WAS REJECTED AS BEING NONRESPONSIVE BECAUSE OF THE DELIVERY TIME STATED IN YOUR STANDARD QUOTATION FORM AND YOU SET FORTH CERTAIN REASONS WHY YOU BELIEVE SUCH ACTION WAS IMPROPER.

THE NEWPORT NAVAL SUPPLY DEPOT REPORTS THAT IN THE BID EVALUATION PROCESS ALL BIDS WERE REFERRED TO THE NAVAL REQUIRING ACTIVITY FOR TECHNICAL EVALUATION AND RECOMMENDATION. AS A RESULT OF THIS REFERENCE, THE NAVAL UNDERWATER ORDNANCE STATION REPORTED THAT THE EQUIPMENT YOU PROPOSED TO FURNISH, NAMELY, VIBRATION MEASURING SYSTEM MODEL 2870 AND THE POWER SUPPLY MODEL 2624, DID NOT MEET THE REQUIREMENTS OF THE SPECIFICATIONS FOR THE FOLLOWING REASONS:

"/1) THE USEABLE FREQUENCY RANGE OF THE ACCELEROMETER IS 10 CPS TO 15 KC VS. THE REQUIRED 10 CPS TO 30 KC RANGE.

"/2) THE RESONANT FREQUENCY OF THE ACCELEROMETER IS 30 KC (MOUNTED) VS. THE REQUIRED 36 KC FREQUENCY.

"/3) THE GAIN OF THE AMPLIFIER IS LIMITED TO 40 DB VS. THE REQUIRED 60 DB GAIN.

"/4) THE OUTPUT VOLTAGE OF THE AMPLIFIER IS LIMITED TO 5 VOLTS VS. THE REQUIRED 30 VOLTS.

"/5) THE FREQUENCY RESPONSE OF THE AMPLIFIER IS 5 CPS TO 40 KC VS. THE REQUIRED 3 CPS TO 450 KC RANGE.

"/6) THE POWER SUPPLY IS D.C. (BATTERIES) VS. THE REQUIRED A.C. LINE VOLTAGE POWER SUPPLY.'

THUS, YOUR BID WAS NOT REJECTED BY REASONS OF FAILURE TO MEET THE DELIVERY REQUIREMENTS OF THE INVITATION BUT BECAUSE OF THE FOREGOING TECHNICAL DEFICIENCIES IN THE EQUIPMENT THAT YOU PROPOSED TO FURNISH. FACT, THE NAVAL SUPPLY DEPOT HAS ADVISED THAT SINCE YOUR BID WAS REJECTED FOR THESE REASONS IT WAS NOT NECESSARY TO RESOLVE THE DELIVERY REQUIREMENT QUESTION.

THIS OFFICE HAS ADHERED TO THE RULE THAT WHETHER EQUIPMENT OFFERED BY A BIDDER COMPLIES WITH THE REQUIREMENTS OF SPECIFICATIONS IS A MATTER FOR ADMINISTRATIVE DETERMINATION. 35 COMP. GEN. 174. THEREFORE, WE MUST CONCLUDE THAT THE ACTION TAKEN BY THE DEPARTMENT OF THE NAVY IN THE MATTER IS NOT SUBJECT TO LEGAL OBJECTION.