B-146607, OCT. 20, 1961

B-146607: Oct 20, 1961

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TO HERSHEY MANUFACTURING COMPANY: FURTHER REFERENCE IS MADE TO A TELEGRAM DATED AUGUST 8. THE INVITATION CALLED FOR INSTRUMENT LANDING SYSTEM CHECK LIGHTS AND COMPONENTS AND PROVIDED THAT ONE AWARD WOULD BE MADE TO THAT RESPONSIBLE BIDDER WHOSE BID WAS THE LOWEST AGGREGATE BID RECEIVED FOR THE QUANTITIES AND ITEMS ORDERED. ALTHOUGH WE HAVE NOT MADE AN ANALYSIS OF THE ABSTRACT OF BIDS SHOWING THE BID PRICES ON THE VARIOUS ITEMS OF THE BIDDING SCHEDULE. SEBASTIAN ALLEGED THAT THE BID SPECIFICATIONS WERE IN PREPARATION FOR APPROXIMATELY TWO YEARS AND THAT IT WAS NOT UNTIL AFTER BIDS WERE OPENED THAT CONSIDERATION WAS GIVEN TO REVISION OF THE SPECIFICATIONS. SUGGESTED THAT HIS FIRM MIGHT BE WILLING TO ABSORB ANY ADDITIONAL COSTS INVOLVED IF SUCH COSTS WERE NOT EXCESSIVE.

B-146607, OCT. 20, 1961

TO HERSHEY MANUFACTURING COMPANY:

FURTHER REFERENCE IS MADE TO A TELEGRAM DATED AUGUST 8, 1961, FROM MR. R. W. SEBASTIAN OF YOUR COMPANY, RELATIVE TO ITS PROTEST TO THE CONTRACTING OFFICER, FEDERAL AVIATION AGENCY, AGAINST A CONTEMPLATED CANCELLATION OF INVITATION FOR BIDS NO. 1-3427B1, ISSUED MARCH 1, 1961, AND READVERTISEMENT ON THE BASIS OF CHANGED SPECIFICATIONS.

THE INVITATION CALLED FOR INSTRUMENT LANDING SYSTEM CHECK LIGHTS AND COMPONENTS AND PROVIDED THAT ONE AWARD WOULD BE MADE TO THAT RESPONSIBLE BIDDER WHOSE BID WAS THE LOWEST AGGREGATE BID RECEIVED FOR THE QUANTITIES AND ITEMS ORDERED. WE ASSUME THAT YOUR FIRM SUBMITTED THE LOWEST AGGREGATE BID, ALTHOUGH WE HAVE NOT MADE AN ANALYSIS OF THE ABSTRACT OF BIDS SHOWING THE BID PRICES ON THE VARIOUS ITEMS OF THE BIDDING SCHEDULE.

MR. SEBASTIAN ALLEGED THAT THE BID SPECIFICATIONS WERE IN PREPARATION FOR APPROXIMATELY TWO YEARS AND THAT IT WAS NOT UNTIL AFTER BIDS WERE OPENED THAT CONSIDERATION WAS GIVEN TO REVISION OF THE SPECIFICATIONS. EXPRESSED THE OPINION THAT, IN FAIRNESS TO YOUR COMPANY AS THE LOWEST RESPONSIBLE BIDDER, IT SHOULD BE GIVEN THE OPPORTUNITY TO ANALYZE THE PROPOSED SPECIFICATION CHANGES TO ASCERTAIN IF THE COST OF THE CHANGES WOULD MATERIALLY AFFECT ITS QUOTATION SUBMITTED ON APRIL 20, 1961. SUGGESTED THAT HIS FIRM MIGHT BE WILLING TO ABSORB ANY ADDITIONAL COSTS INVOLVED IF SUCH COSTS WERE NOT EXCESSIVE.

THE FEDERAL AVIATION AGENCY HAS NOW DETERMINED THAT THE EQUIPMENT AS SPECIFIED IN THE INVITATION WILL NOT MEET ITS PRESENT REQUIREMENTS. IT IS REPORTED THAT TEST EQUIPMENT WILL BE NECESSARY AND, IN ORDER TO INSURE THAT THE TEST EQUIPMENT IS COMPATIBLE WITH THE BASIC EQUIPMENT, BOTH MUST BE SUPPLIED BY THE SAME CONTRACTOR. WE UNDERSTAND THAT THE INCORPORATION OF THE TEST EQUIPMENT REQUIRES A REDESIGN OF ALL EXISTING CONTROL AND MONITOR PANEL REQUIREMENTS TO PROVIDE FOR CONNECTION OF THE TEST INSTRUMENT PANEL AND FIELD CONTROL STATIONS; AND THAT OTHER CHANGES IN THE SPECIFICATIONS WERE NECESSARY, SUCH AS INCLUDING AN ADJUSTMENT FEATURE ON THE CALIBRATED TARGET WHICH WILL BE USED FOR AIMING THE CHECK LIGHTS, AND A PROVISION FOR THE ADDITION OF TWO FIELD CONTACT STATIONS.

IN VIEW OF THE EXTENT OF THE DESIRED CHANGES IN THE TECHNICAL REQUIREMENTS OF THE ORIGINAL SPECIFICATIONS AND THE INCREASED QUANTITY REQUIREMENTS, THE FEDERAL AVIATION AGENCY HAS FOUND THAT IT WOULD BE IN THE BEST INTERESTS OF THE AGENCY TO READVERTISE ON THE BASIS OF REVISED SPECIFICATIONS AND CHANGED QUANTITIES. WE WERE ADVISED THAT THE AGENCY EXPECTS TO ISSUE THE READVERTISEMENT SOMETIME DURING THE MONTH OF OCTOBER 1961.

UNDER THE TERMS AND CONDITIONS OF INVITATION NO. 1-3427B1, THE GOVERNMENT RESERVED THE RIGHT TO REJECT ANY AND ALL BIDS; AND IT IS PROVIDED IN SUBSECTION (C) OF SECTION 2305, TITLE 10, UNITED STATES CODE, THAT "ALL BIDS MAY BE REJECTED IF THE HEAD OF THE AGENCY DETERMINES THAT REJECTION IS IN THE PUBLIC INTEREST.' WE BELIEVE THAT THE FEDERAL AVIATION AGENCY HAS FURNISHED SUFFICIENT JUSTIFICATION FOR REJECTION OF ALL BIDS AND READVERTISEMENT IN THIS CASE. ACCORDINGLY, YOUR PROTEST TO OUR OFFICE IN THE MATTER MUST BE DENIED.