B-147320, DEC. 20, 1961

B-147320: Dec 20, 1961

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TO ASCERTAIN WHETHER ANY OF THE ADVERTISED CONDITIONS WERE CHANGED AFTER AWARD AND WHETHER THE SERVICES WERE PERFORMED AS REQUIRED BY THE INVITATION. IT WAS FURTHER PROVIDED IN THE INVITATION THAT ONLY SMALL BUSINESS FIRMS WERE ELIGIBLE TO PARTICIPATE IN THE PROCUREMENT AND THAT BIDS FROM OTHER THAN SMALL BUSINESS CONCERNS WOULD BE REJECTED AS NONRESPONSIVE. NINE BIDS WERE RECEIVED AND OPENED AS SCHEDULED ON JUNE 29. WERE ABSTRACTED AS FOLLOWS: TABLE SAMPSON TERMITE CONTROL $12. 275.18 THE LOW BID OF ORKIN WAS REJECTED SINCE IT DID NOT QUALIFY UNDER THE TERMS OF THE INVITATION AS A SMALL BUSINESS CONCERN. AWARD WAS THEREFORE MADE OF CONTRACT NO. IT IS CLEAR FROM THE FOREGOING THE SUCCESSFUL BID WAS NOT.

B-147320, DEC. 20, 1961

TO ARVIN AND ARVIN:

BY LETTER DATED SEPTEMBER 27, 1961, YOU REQUESTED THAT WE INVESTIGATE AN AWARD OF A CONTRACT MADE UNDER INVITATION FOR BIDS NO. 14-614-61-70, ISSUED BY THE BASE PROCUREMENT OFFICE AT MCCONNELL AIR FORCE BASE, WICHITA, KANSAS, TO ASCERTAIN WHETHER ANY OF THE ADVERTISED CONDITIONS WERE CHANGED AFTER AWARD AND WHETHER THE SERVICES WERE PERFORMED AS REQUIRED BY THE INVITATION.

UPON THE BASIS OF THE FACTS ASCERTAINED BY US, AND AN EXAMINATION OF THE CONTRACT FILE AND DOCUMENTS SUPPORTING THE AWARD, WE SEE NO REASON TO QUESTION EITHER THE AWARD OF THE CONTRACT OR ITS ADMINISTRATION BY THE PROCUREMENT OFFICE.

THE INVITATION, ISSUED ON MAY 12, 1961, REQUESTED BIDS FOR FURNISHING TERMITE CONTROL TREATMENT TO CERTAIN BUILDINGS AT THE AIR BASE DURING THE PERIOD JUNE 15, 1961, OR FROM DATE OF AWARD, IF SUBSEQUENT THERETO, THROUGH AUGUST 15, 1961. IT WAS FURTHER PROVIDED IN THE INVITATION THAT ONLY SMALL BUSINESS FIRMS WERE ELIGIBLE TO PARTICIPATE IN THE PROCUREMENT AND THAT BIDS FROM OTHER THAN SMALL BUSINESS CONCERNS WOULD BE REJECTED AS NONRESPONSIVE. NINE BIDS WERE RECEIVED AND OPENED AS SCHEDULED ON JUNE 29, 1961, AND WERE ABSTRACTED AS FOLLOWS:

TABLE

SAMPSON TERMITE CONTROL $12,328.35

NATIONAL TERMITE CONTROL 13,881.88

EDWARDS INSECT CONTROL 24,928.00

TRI-STATE EXTERMINATING CO. 39,608.99

LIBERTY EXTERMINATING CO. 31,775.00

ORKIN EXTERMINATION CO., INC.11,095.20

WORLD PEST CONTROL 37,301.18

UNDERHILL TERMINIX 19,749.72

INTERSTATE EXTERMINATORS, INC. 16,275.18

THE LOW BID OF ORKIN WAS REJECTED SINCE IT DID NOT QUALIFY UNDER THE TERMS OF THE INVITATION AS A SMALL BUSINESS CONCERN. AWARD WAS THEREFORE MADE OF CONTRACT NO. AF 14 (614/-1572 ON JUNE 30, 1961, TO SAMPSON TERMITE CONTROL AS THE LOWEST RESPONSIBLE BIDDER. IT IS CLEAR FROM THE FOREGOING THE SUCCESSFUL BID WAS NOT--- AS YOU STATE--- "SO MUCH LOWER BY SEVERAL THOUSANDS OF DOLLARS THAN THE NEXT RESPONSIVE BIDDER THAT IT IS IMPROBABLY AND A PRACTICAL IMPOSSIBILITY FOR THE SUCCESSFUL BIDDER TO RENDER SERVICES AS OUTLINED IN THE IFB.' THIS BIDDER WAS DETERMINED TO BE QUALIFIED AND COMPETENT TO PERFORM THE WORK ON THE BASIS OF AN APPROVAL FROM THE KANSAS STATE ENTOMOLOGIST AND ON THE SUBMISSION OF A TERMITE OPERATOR LICENSE ISSUED BY THE BOARD OF AGRICULTURE, STATE OF OKLAHOMA, AND A PEST CONTROL OPERATOR'S LICENSE ISSUED BY THE ENTOMOLOGICAL COMMISSION, STATE OF KANSAS.

WE NOTE THAT THE CONTRACT WITH SAMPSON WAS AMENDED THREE TIMES WITH NO CHANGE IN THE CONTRACT PRICE. THE FIRST MODIFICATION CHANGED THE ADDRESS OF THE CONTRACTOR AND THE OTHER TWO MADE CHANGES IN A MINOR PORTION OF THE CONTRACT SPECIFICATIONS. IN THIS REGARD, THESE TWO CHANGES WERE INITIATED BY THE GOVERNMENT BECAUSE OF CONDITIONS ESTABLISHED AFTER THE AWARD AND IN THE PERFORMANCE OF THE WORK. SPECIFICALLY, ONE MODIFICATION HAD FOR ITS PURPOSE SAFETY PRECAUTIONS AND THE OTHER WAS REQUIRED BECAUSE OF THE NONAVAILABILITY OF CERTAIN MATERIAL WHICH NO LONGER WAS BEING MANUFACTURED AND COULD NOT BE PURCHASED. FURTHERMORE, THE DELETION OF CERTAIN WORK UNDER THE MODIFICATIONS WAS COUNTERBALANCED BY ADDITIONS OF NEW WORK OF EQUIVALENT SCOPE AND PRICE.

ALSO, WE ARE INFORMED THAT THE SAMPSON COMPANY HAS SATISFACTORILY COMPLETED THE WORK IN ACCORDANCE WITH CONTRACT SPECIFICATIONS AND THAT FINAL PAYMENT TO THE CONTRACTOR WAS ACCOMPLISHED ON OCTOBER 24, 1961.

ACCORDINGLY, WE FIND NO BASIS TO OBJECT TO THE ACTIONS TAKEN IN THIS PROCUREMENT.