B-147150, SEP. 28, 1961

B-147150: Sep 28, 1961

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THE FACTS PERTINENT TO THE MATTER ARE REPORTED AS FOLLOWS: ON APRIL 18. INVITATION FOR BIDS NO. 600-728-61 WAS ISSUED BY THE U.S. FOR MEASURING UP TO 225 DEGREES C AUTOMATIC RANGE CHANGER" BIDS WERE OPENED ON MAY 10. WERE TABULATED AS FOLLOWS: TABLE BECKMAN INSTRUMENTS. THE TWO BIDS WERE FORWARDED TO THE U.S. THEY WERE RETURNED WITH THE ADVICE THAT BOTH BIDS CONFORMED TO THE SPECIFICATION REQUIREMENTS. THAT THE BECKMAN UNIT WAS CONSIDERED EQUAL TO THE PERKIN-ELMER CORPORATION MODEL 154 DG. N600/24/57013 WAS MADE TO BECKMAN AT $4. THE PROTEST WAS SUBMITTED TO NAVENGRXSTA FOR THEIR COMMENTS. A REPLY WAS RECEIVED UNDER DATE OF AUGUST 7. THEREFORE IT WAS OBLIGATED TO SUPPLY ALL THE REQUIRED EQUIPMENT.

B-147150, SEP. 28, 1961

TO THE SECRETARY OF THE NAVY:

WE REFER TO A LETTER OF SEPTEMBER 8, 1961 (REF: R11.1), WITH ENCLOSURE, FROM THE ASSISTANT CHIEF FOR PURCHASING, BUREAU OF SUPPLIES AND ACCOUNTS, DEPARTMENT OF THE NAVY, WASHINGTON 25, .C., FORWARDING A REQUEST FOR THE AUTHORIZATION OF PAYMENT TO THE CONTRACTOR, BECKMAN INSTRUMENTS, INC., UNDER CONTRACT NO. N600/24/57013.

THE FACTS PERTINENT TO THE MATTER ARE REPORTED AS FOLLOWS:

ON APRIL 18, 1961, INVITATION FOR BIDS NO. 600-728-61 WAS ISSUED BY THE U.S. NAVY PURCHASING OFFICE, WASHINGTON 25, D.C., CALLING FOR A "FRACTOMETER, VAPOR, RECORDING TYPE PERKIN-ELMER CORP., NORWALK, CONNECTICUT, MODEL 154-D OR EQUAL.' THE ATTACHED SPECIFICATIONS REQUIRED ADDITIONAL EQUIPMENT, INCLUDING THE FOLLOWING:

"GOLAY CAPILLARY COLUMNS

(1) EACH 150 FT. FOR MEASURING UP TO 225 DEGREES C

(1) EACH 300 FT. FOR MEASURING UP TO 225 DEGREES C

AUTOMATIC RANGE CHANGER"

BIDS WERE OPENED ON MAY 10, 1961, AND WERE TABULATED AS FOLLOWS:

TABLE

BECKMAN INSTRUMENTS, INC. $4,607

PERKIN-ELMER CORPORATION 6,258

BECKMAN OFFERED A "BECKMAN NO. 17302 MODEL GC-2A AS PER SUPPLEMENTARY SHEET AND SPECIFICATIONS ATTACHED," AND ADDITIONAL EQUIPMENT AS LISTED ON A SUPPLEMENTARY SHEET ATTACHED TO ITS BID. PERKIN-ELMER OFFERED THE BRAND NAME MODEL.

THE TWO BIDS WERE FORWARDED TO THE U.S. NAVAL ENGINEERING EXPERIMENT STATION (NAVENGRXSTA) FOR TECHNICAL EVALUATION. THEY WERE RETURNED WITH THE ADVICE THAT BOTH BIDS CONFORMED TO THE SPECIFICATION REQUIREMENTS, AND THAT THE BECKMAN UNIT WAS CONSIDERED EQUAL TO THE PERKIN-ELMER CORPORATION MODEL 154 DG. BASED ON THE FOREGOING, AWARD OF CONTRACT NO. N600/24/57013 WAS MADE TO BECKMAN AT $4,607, ON JUNE 7, 1961. THE AWARD DELETED THAT PORTION OF THE SPECIFICATIONS WHICH LISTED THE REQUIRED ADDITIONAL EQUIPMENT AND SUBSTITUTED THE EQUIPMENT OFFERED BY BECKMAN.

BY LETTER OF JULY 26, 1961, TO THE CONTRACTING OFFICER, PERKIN-ELMER PROTESTED THE AWARD ON THE GROUND THAT THE BECKMAN BID DID NOT OFFER TO SUPPLY SEVERAL REQUIREMENTS OF THE INVITATION, INCLUDING THE GOLAY CAPILLARY COLUMNS AND THE AUTOMATIC RANGE CHANGER. THE PROTEST WAS SUBMITTED TO NAVENGRXSTA FOR THEIR COMMENTS. A REPLY WAS RECEIVED UNDER DATE OF AUGUST 7, 1961, INDICATING THAT FAVORABLE EVALUATION OF THE BECKMAN BID HAD BEEN BASED ON THE PREMISE THAT THE BIDDER CITED NO EXCEPTIONS TO THE ACCESSORY REQUIREMENTS LISTED IN THE SPECIFICATIONS, AND THEREFORE IT WAS OBLIGATED TO SUPPLY ALL THE REQUIRED EQUIPMENT. THE CONTRACTING OFFICER CONSIDERED THIS PRESUMPTION TO BE ERRONEOUS, AND FURTHER INVESTIGATION INDICATED TO HIM THAT THE BECKMAN BID AND SUBSEQUENT AWARD DID NOT, IN FACT, COVER THE GOLAY CAPILLARY COLUMNS AND THE AUTOMATIC RANGE CHANGER.

THE CONTRACTING OFFICER REPORTS THAT EXCEPT FOR THE ABOVE NOTED ITEMS, THE EQUIPMENT HAS BEEN DELIVERED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT. HE STATES THAT A REQUIREMENT STILL EXISTS FOR THE GOLAY CAPILLARY COLUMNS AND AUTOMATIC RANGE CHANGER, BUT THESE ACCESSORIES CAN BE PURCHASED SEPARATELY TO WORK IN CONJUNCTION WITH THE ALREADY DELIVERED EQUIPMENT TO PERFORM THE REQUIRED FUNCTIONS.

IT APPEARS, AS THE CONTRACTING OFFICER STATES, THAT THE LOW BIDDER DID NOT OFFER ALL THE ADDITIONAL EQUIPMENT REQUIRED BY THE SPECIFICATIONS. HENCE, AWARD TO THAT BIDDER WAS ERRONEOUSLY MADE. SEE 17 COMP. GEN. 554. HOWEVER, IT IS REPORTED THAT THE BASIC UNIT AND THE ADDITIONAL UNITS SUPPLIED CAN BE USED AS REQUIRED. IN THIS SITUATION, UNDER APPLICABLE PRINCIPLES OF LAW (SEE 40 COMP. GEN. 447), PAYMENT MAY BE AUTHORIZED ON THE BASIS OF THE VALUE RECEIVED BY THE GOVERNMENT. HERE, THE VALUE OF THE DELIVERED EQUIPMENT MAY BE BASED ON THE BID PRICE.

ACCORDINGLY, PAYMENT UNDER CONTRACT NO. N600/24/57013 IS AUTHORIZED FOR $4,607.