B-146605, DEC. 12, 1961

B-146605: Dec 12, 1961

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TO CONTINENTAL ELECTRIC EQUIPMENT COMPANY: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF AUGUST 7. THE RECORD FURNISHED IN THIS MATTER SHOWS THAT UNDER THE CITED INVITATION BIDS WERE REQUESTED FOR THE DESIGN. SEVEN BIDS WERE RECEIVED. WAS ADMINISTRATIVELY DETERMINED THAT THE THREE LOWEST BIDS WERE NOT RESPONSIVE TO THE INVITATION AND AWARD THEREFORE WAS MADE TO THE FOURTH LOWEST BIDDER. SO FAR AS WE ARE AWARE. NO OBJECTION HAS BEEN MADE BY THE TWO OTHER LOW BIDDERS TO THE DETERMINATION THAT THEIR BIDS WERE NONRESPONSIVE. IT IS YOUR CONTENTION THAT YOUR BID IS RESPONSIVE AND. IS THE LOWEST RESPONSIVE BID. IS ENTITLED TO THE AWARD. WHICH WILL BE USED IN DETERMINING THE RESPONSIVENESS OF THE BID.

B-146605, DEC. 12, 1961

TO CONTINENTAL ELECTRIC EQUIPMENT COMPANY:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF AUGUST 7, 1961, AND SUBSEQUENT CORRESPONDENCE, PROTESTING THE AWARD OF A CONTRACT TO WESTINGHOUSE ELECTRIC CORPORATION UNDER INVITATION FOR BIDS NO. CIVENG 01- 076-61-80, DATED JUNE 20, 1961, ISSUED BY THE UNITED STATES ARMY ENGINEER DISTRICT, MOBILE, ALABAMA, CORPS OF ENGINEERS.

THE RECORD FURNISHED IN THIS MATTER SHOWS THAT UNDER THE CITED INVITATION BIDS WERE REQUESTED FOR THE DESIGN, MANUFACTURE AND DELIVERY, IN ACCORDANCE WITH PRESCRIBED SPECIFICATIONS AND DRAWINGS, OF 480-VOLT STATION SERVICE SWITCHGEAR, TRANSFORMERS AND MOTOR CONTROL CENTERS, TOGETHER WITH ACCESSORIES AND ENGINEER SERVICES SPECIFIED THEREIN, FOR THE WALTER F. GEORGE PROJECT, FORT GAINES, GEORGIA. SEVEN BIDS WERE RECEIVED, INCLUDING THE SECOND LOWEST BID OF $76,447.80 SUBMITTED BY YOUR FIRM. WAS ADMINISTRATIVELY DETERMINED THAT THE THREE LOWEST BIDS WERE NOT RESPONSIVE TO THE INVITATION AND AWARD THEREFORE WAS MADE TO THE FOURTH LOWEST BIDDER, WESTINGHOUSE ELECTRIC CORPORATION, AT $79,038. SO FAR AS WE ARE AWARE, NO OBJECTION HAS BEEN MADE BY THE TWO OTHER LOW BIDDERS TO THE DETERMINATION THAT THEIR BIDS WERE NONRESPONSIVE. IT IS YOUR CONTENTION THAT YOUR BID IS RESPONSIVE AND, IN VIEW OF THE REJECTION OF THE LOWEST BID RECEIVED, IS THE LOWEST RESPONSIVE BID, AND THUS, IS ENTITLED TO THE AWARD.

CONCERNING THE DRAWINGS AND DATA TO BE SUBMITTED BY BIDDERS, THE INVITATION FOR BIDS PROVIDED, IN PARAGRAPH 5 (A) OF THE CONTINUATION SCHEDULE, AS FOLLOWS:

"EACH BIDDER SHALL SUBMIT WITH HIS BID THE INFORMATION LISTED BELOW, WHICH WILL BE USED IN DETERMINING THE RESPONSIVENESS OF THE BID. BIDS WILL BE EVALUATED STRICTLY ON THE BASIS OF INFORMATION SUBMITTED WITH THE BID. THE DRAWINGS AND DATA SUBMITTED MUST BE IN SUFFICIENT DETAIL AND CLARITY TO ENABLE MAKING A COMPLETE AND POSITIVE CHECK WITH THE TECHNICAL PROVISIONS OF THE SPECIFICATIONS AND, WHERE HEREINAFTER INDICATED, SUCH DATA WILL BE MADE A PART OF THE CONTRACT INSTRUMENT. IF BIDDERS SUBMIT STANDARD DRAWINGS AND/OR STANDARD PUBLISHED DESCRIPTIVE DATA OF THEIR PRODUCT, ANY MODIFICATION REQUIRED AND INTENDED BY THEM IN ORDER TO MEET THE REQUIREMENTS OF THE SPECIFICATIONS SHALL BE CLEARLY SET FORTH BY DESCRIPTION OF THE CHANGE OR REVISION. FAILURE TO SUBMIT DRAWINGS AND DATA OF SUCH DETAIL AND CLARITY AS DESCRIBED ABOVE, FAILURE OF SUCH INFORMATION TO INDICATE COMPLIANCE OF THE BID WITH THE SPECIFICATIONS, OR FAILURE TO SUBMIT ALL OF THE REQUIRED DATA WILL RESULT IN REJECTION OF THE BID.'

PARAGRAPH 5 (B) OF THE SCHEDULE LISTED THE SPECIFIC DRAWINGS AND DATA WHICH, AS A MINIMUM, WERE REQUIRED OF ALL BIDDERS.

IT IS ADMINISTRATIVELY REPORTED THAT THE DRAWINGS AND DATA FURNISHED WITH YOUR BID WERE DEFICIENT OR AT VARIANCE WITH THE INVITATION REQUIREMENTS IN THE FOLLOWING RESPECTS:

"A. SUBPARAGRAPH 5 (B) (1) SPECIFICALLY REQUIRED THAT THE NAME OF MANUFACTURER AND TYPE BE SPECIFIED IN THE SPACE PROVIDED IN THE BID FORM FOR POWER SUPPLY AIR CIRCUIT BREAKERS, FEEDER AIR CIRCUIT BREAKERS, AND CONTROL SWITCHES, WHEREAS THE BIDDER LISTED ITE FOR THE MANUFACTURER OF THE CIRCUIT BREAKERS AND GENERAL ELECTRIC CO. AS THE MANUFACTURER OF THE CONTROL SWITCHES, BUT DID NOT IDENTIFY THE TYPES. ALSO SUBPARAGRAPH 5 (B) (2/B REQUIRED THE SUBMISSION OF CATALOG CUTS AND DESCRIPTIVE LITERATURE COVERING ALL TYPES OF CIRCUIT BREAKERS OFFERED. BIDDER SUBMITTED INSTRUCTION BULLETINS ON THREE TYPES OF CIRCUIT BREAKERS MANUFACTURED BY ITE. THESE BULLETINS GIVE SOME DESCRIPTION OF THE CIRCUIT BREAKERS BUT NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THE INVITATION.

"B. SUBPARAGRAPH 5 (B) (2) C REQUIRED THE SUBMISSION OF CATALOG CUTS OR DRAWINGS AND LITERATURE FULLY DESCRIBING FEATURES AND DETAILS OF THE SWITCHGEAR, INCLUDING THE STRUCTURE, PANELS AND DOORS. NO DESCRIPTIVE LITERATURE PERTAINING TO THE 480-VOLT STATION SERVICE SWITCHGEAR WAS SUBMITTED. DRAWING Q-12137-1 SUBMITTED WITH THE BID HAS THE FOLLOWING DEVIATIONS:

"/1) THE DEPTH OF THE SWITCHBOARD IS SHOWN AS 62 INCHES, WHEREAS DRAWING NO. 14 OF THE INVITATION SPECIFIED THAT THE DEPTH SHALL NOT EXCEED 59 INCHES.

"/2) A NOTE ON THE DRAWING STATES THAT THE NUMBERS SHOWN FOR THE VARIOUS CIRCUIT BREAKER COMPARTMENTS CORRESPOND WITH THE NUMBERS SHOWN ON DRAWING NO. 14 OF THE INVITATION. HOWEVER, BY THE NUMBERS SHOWN ON BIDDER'S DRAWING FOR THE BOTTOM COMPARTMENT IN THE SECOND ROW FROM THE RIGHT END OF THE SWITCHBOARD, BIDDER PROPOSES TO FURNISH A MANUALLY OPERATED 1600 AMPERE CIRCUIT BREAKER WHEREAS DRAWING NO. 14 OF THE INVITATION REQUIRES AN ELECTRICALLY-OPERATED 1600 AMPERE CIRCUIT BREAKER FOR THIS COMPARTMENT.

"/3) THE DRAWING DOES NOT INDICATE THE ANNUNCIATOR PANEL WHICH CONTRACTOR IS REQUIRED TO MOUNT, AS SHOWN ON DRAWING NO. 14 AND PROVIDED FOR IN SUBPARAGRAPH 3-01 (C) OF THE SPECIFICATIONS. ALSO TWO CONTROL SWITCHES ARE TO BE FURNISHED AND MOUNTED IN THIS PANEL BUT THESE ARE NOT INDICATED.

"/4) THIS DRAWING ALSO SHOWS DIMENSIONS FOR THE 480-VOLT COMMON AUXILIARY SWITCHGEAR AND 480-VOLT LIGHTING DISTRIBUTION SWITCHGEAR. BIDDER'S DRAWING SHOWS THE DEPTH OF THIS BOARD AS 38 INCHES, WHEREAS DRAWING NO. 14 OF THE INVITATION SHOWS A LIMITING MAXIMUM DIMENSION OF 36 INCHES.

"C. BIDDER'S DRAWING NO. 2006-21240-03, SWITCHBOARD STANDARD, SHOWS DIMENSION DETAILS FOR THE 18-INCH AND 24-INCH PANELS INDICATED ON DRAWING Q-12137-1, BUT NO DETAILS ARE INDICATED FOR THE 36-INCH PANELS. ALSO THIS DRAWING INDICATES THAT THE DEPTH OF THE PANELS WILL BE EITHER 48 INCHES OR 62 INCHES, DEPENDING UPON THE BUS SECTION, WHEREAS THE INVITATION LIMITS THE DEPTH TO A MAXIMUM OF 59 INCHES.

"D. SUBPARAGRAPH 5 (B) (2) (C) REQUIRES THE FURNISHING OF CATALOG CUTS OR DRAWINGS AND LITERATURE FULLY DESCRIBING THE MOTOR CONTROL CENTERS. THE DESCRIPTIVE LITERATURE FURNISHED IS IN GUIDE FORM WITH ALTERNATE PROVISIONS BUT BIDDER DOES NOT INDICATE WHICH ALTERNATE HE PROPOSES TO FURNISH. THE GUIDE FORM WOULD ALLOW THE BIDDER TO PROVIDE STRUCTURES OF EITHER SHEET STEEL OR ALUMINUM, WHEREAS THE SPECIFICATIONS REQUIRE THE STRUCTURE TO BE OF SHEET STEEL AND WOULD ALLOW THE UNIT DOORS TO BE OF EITHER NO. 14 U.S. GAGE SHEET STEEL OR NO. 12 GAGE ALUMINUM, WHEREAS THE INVITATION DOES NOT PROVIDE FOR THE DOORS TO BE OF DIFFERENT MATERIAL OR THICKNESS FROM THE STRUCTURE PROPER. BIDDER'S DRAWING D-858-17004 SHOWING CONSTRUCTION OF MOTOR CONTROL CENTERS SHOWS 3-INCH SILLS WHEREAS THE INVITATION REQUIRES 4 INCH SILLS (SEE DWG. NO. 15).

"E. BIDDER'S DRAWING FROM 500-4, PROPOSAL DRAWING, GIVES DIMENSIONS OF THE PANELBOARD, ITEM 8, AS 48 INCHES HIGH, 35 INCHES WIDE, AND 11 INCHES DEEP, WHEREAS THE INVITATION (SEE DWG. NO. 18) GIVES DIMENSIONS OF THE PANELBOARD AS 29 1/2 INCHES HIGH, 30 INCHES WIDE AND 8 3/4 INCHES DEEP. BIDDER'S DRAWING AS-150-1, PANELBOARD STANDARDS, SHOWS DIFFERENT TYPE OF CIRCUIT BREAKERS FOR THE PANELBOARD THAN REQUIRED BY THE INVITATION. SUBPARAGRAPH 5 (A) OF THE INVITATION REQUIRES THAT IF MANUFACTURER'S STANDARD DRAWINGS ARE FURNISHED WHICH SHOW INAPPLICABLE PROVISIONS, ANY MODIFICATION OR CHANGE NECESSARY TO SHOW COMPLIANCE WITH THE REQUIREMENTS OF THE SPECIFICATIONS MUST BE CLEARLY INDICATED.

"F. THE HEVI-DUTY OPERATION AND MAINTENANCE MANUAL, T2RA, SUBMITTED BY BIDDER DOES NOT MEET THE REQUIREMENTS OF SUBPARAGRAPH 5 (B) (2) C IN REGARD TO DESCRIPTIVE LITERATURE PERTAINING TO THE STATION SERVICE TRANSFORMERS. THE MANUAL COVERS THE OPERATION AND MAINTENANCE OF SEVERAL DIFFERENT TYPES BUT IS NOT MARKED TO INDICATE THE TYPE PROPOSED BY BIDDER. ALSO THE DRAWING SUBMITTED, HEVI-DUTY V 20561, IS A MANUFACTURER'S STANDARD DRAWING AND IS NOT MARKED TO INDICATE THE FEATURES WHICH ARE NOT APPLICABLE. IT SHOWS COOLING FANS WHEREAS THE SPECIFICATIONS REQUIRE A SELF-COOLED TRANSFORMER. THE DIMENSIONS SHOWN ARE NOT APPLICABLE, SINCE A NOTE ON THE DRAWING STATES THAT THE DIMENSIONS ARE APPLICABLE ONLY TO FORCED COOLED TRANSFORMERS. THE DRAWING DOES NOT SHOW THE HIGH VOLTAGE ENTRANCE COMPARTMENT AND POTHEAD REQUIRED BY PARAGRAPH 5-04 OF THE SPECIFICATIONS (ALSO SEE DWG.NO. 14 OF INVITATION).

"G. THE PROPOSED BUS, BID ITEM 3, DOES NOT MEET THE REQUIREMENTS OF THE INVITATION. NO DESCRIPTIVE LITERATURE WAS FURNISHED AS REQUIRED BY SUBPARAGRAPH 5 (B) (2) C OF THE INVITATION. DRAWING NO. 3006-6074 01 FURNISHED BY BIDDER IS A STANDARD DRAWING FOR BUSWAYS AND HAS THE TITLE ,SOLID ENCLOSED 3W LOW IMPEDANCE BUS DUCT.' THIS DRAWING SHOWS A VENTILATED TYPE BUS WHICH IS NOT DUST-TIGHT OR WEATHER-PROOF, WHEREAS THE INVITATION (PAR. 4-03) REQUIRES THE BUS TO BE NON VENTILATED TYPE IN A DUST-TIGHT WEATHER-PROOF ENCLOSURE. BUS DUCT IS NOT MANUFACTURED IN ACCORDANCE WITH THE SAME STANDARD AS REQUIRED BY PARAGRAPH 4-01 OF THE SPECIFICATIONS FOR THE METAL-ENCLOSED BUS. BUS DUCT IS COVERED BY NEMA PUBLICATION BU 1-1955 FOR "BUSWAYS.' BIDDER'S DRAWING CONTAINS A LIST OF CURRENT RATINGS BUT DOES NOT INDICATE THE CURRENT RATING OF THE BUS HE PROPOSES TO FURNISH. THE CURRENT RATINGS SHOWN ARE STANDARD FOR BUS CONFORMING TO NEMA PUBLICATION BU 1-1955 BUT ARE NOT STANDARD FOR METAL- ENCLOSED BUS MANUFACTURED IN ACCORDANCE WITH THE STANDARDS SPECIFIED IN PARAGRAPH 4-01 OF THE SPECIFICATIONS.'

THE ABOVE-QUOTED PROVISION OF THE INVITATION MAKES IT CLEAR THAT THE PRESCRIBED DRAWINGS AND DATA WOULD BE USED IN DETERMINING THE RESPONSIVENESS OF BIDS AND THAT FAILURE TO FURNISH REQUIRED INFORMATION OR FAILURE OF THE INFORMATION FURNISHED TO INDICATE COMPLIANCE WITH THE ADVERTISED SPECIFICATIONS WOULD RESULT IN BID REJECTION. IT HAS BEEN OUR CONSISTENT POSITION THAT SUCH PROVISIONS MUST BE STRICTLY ENFORCED. COMP. GEN. 132; 37 ID. 763 ID. 415. WHILE SOME DISPUTE EXISTS AS TO THE ADEQUACY OF A PORTION OF THE DATA FURNISHED, IN VIEW OF THE FACT THAT YOU HAVE NOT DENIED, AND THE RECORD SUPPORTS, THE FINDING THAT THE DIMENSIONAL REQUIREMENTS OF THE PROPOSED EQUIPMENT, AS DESCRIBED IN THE DATA FURNISHED WITH YOUR BID, DEVIATED IN A NUMBER OF RESPECTS FROM THAT REQUIRED BY THE INVITATION, YOUR BID, WITHOUT CONSIDERATION OF THE NUMEROUS OTHER REASONS RAISED FOR REJECTION, PROPERLY WAS HELD TO BE NONRESPONSIVE.

ACCORDINGLY, UNDER THE REPORTED FACTS AND CIRCUMSTANCES, YOUR PROTEST MUST BE DENIED.