B-146269, AUG. 18, 1961

B-146269: Aug 18, 1961

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TO DICTAPHONE CORPORATION: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JUNE 28. THE ONLY OTHER BIDDER UNDER THE SUBJECT INVITATION WAS MAGNASYNC CORPORATION WHICH BID MORE THAN $400. WAS SUBJECTED TO EXTENSIVE TESTING FOR ONE MONTH TO ASCERTAIN WHETHER. IT WAS IN ACCORDANCE WITH AIRWAYS AND AIR COMMUNICATIONS SERVICE QUALITATIVE OPERATIONAL REQUIREMENT FOR FIXED FACILITIES. ENVIRONMENTAL TESTS HAVE SINCE BEEN CONDUCTED BY AN INDEPENDENT TESTING LABORATORY SATISFACTORY TO THE ADMINISTRATIVE AGENCY. COGNIZANT ENGINEERING PERSONNEL IN THE ADMINISTRATIVE AGENCY HAVE DETERMINED THAT THE MAGNASYNC EQUIPMENT MEETS THE SPECIFIED ENVIRONMENTAL CONDITIONS. IT HAS BEEN DETERMINED THAT THE EQUIPMENT IS OTHERWISE ACCEPTABLE.

B-146269, AUG. 18, 1961

TO DICTAPHONE CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JUNE 28, 1961, AND YOUR LETTER OF JUNE 29, 1961, PROTESTING AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION 30-635-61-629.

THE ONLY OTHER BIDDER UNDER THE SUBJECT INVITATION WAS MAGNASYNC CORPORATION WHICH BID MORE THAN $400,000 LESS THAN YOUR COMPANY.

THE EQUIPMENT OF MAGNASYNC, AS YOURS, WAS SUBJECTED TO EXTENSIVE TESTING FOR ONE MONTH TO ASCERTAIN WHETHER, AS REQUIRED, IT WAS IN ACCORDANCE WITH AIRWAYS AND AIR COMMUNICATIONS SERVICE QUALITATIVE OPERATIONAL REQUIREMENT FOR FIXED FACILITIES. AT THE TIME OF YOUR PROTEST, THE TECHNICAL EVALUATION OF MAGNASYNC EQUIPMENT DID NOT INCLUDE TEMPERATURE AND HUMIDITY TESTING TO DETERMINE IF IT WOULD MEET THE TEMPERATURE AND HUMIDITY REQUIREMENTS CALLED FOR IN THE QUANTITATIVE OPERATIONAL REQUIREMENT. HOWEVER, ENVIRONMENTAL TESTS HAVE SINCE BEEN CONDUCTED BY AN INDEPENDENT TESTING LABORATORY SATISFACTORY TO THE ADMINISTRATIVE AGENCY. BASED UPON THE CERTIFIED TEST RESULTS, COGNIZANT ENGINEERING PERSONNEL IN THE ADMINISTRATIVE AGENCY HAVE DETERMINED THAT THE MAGNASYNC EQUIPMENT MEETS THE SPECIFIED ENVIRONMENTAL CONDITIONS. ALSO, IT HAS BEEN DETERMINED THAT THE EQUIPMENT IS OTHERWISE ACCEPTABLE. FURTHER, THE CONTRACTING ACTIVITY IS SATISFIED THAT THE INSTALLATION AND MAINTENANCE SERVICE OFFERED BY MAGNASYNC IS SATISFACTORY. AND WHILE THE BIDDER HAS OFFERED TO FURNISH THE COMMERCIAL DATA REQUIRED BY THE INVITATION AT ABOUT ONE FIFTH OF THE PRICE BID BY YOUR COMPANY, IT HAS ACCEPTED THE REQUIREMENTS COVERING THAT MATERIAL, SO THAT NO BASIS EXISTS TO DOUBT THE BONA FIDES OF THAT PART OF ITS OFFER.

THE QUESTION OF WHETHER THE LOW BIDDER IS SUFFICIENTLY RELIABLE AND CAPABLE OF MEETING THE TIME SCHEDULE THAT IT WOULD BE OBLIGATED TO FOLLOW UNDER ANY CONTRACT AWARDED TO IT IS A MATTER FOR ADMINISTRATIVE DETERMINATION BY THE PROCUREMENT OFFICIALS IN CONSIDERING WHETHER THE BIDDER IS RESPONSIBLE.

IN THE CIRCUMSTANCES, WE SEE NO BASIS UPON WHICH WE COULD OBJECT TO AN AWARD TO THE MAGNASYNC CORPORATION.