B-147564, FEB. 2, 1962

B-147564: Feb 2, 1962

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TO THE WARNER AND SWASEY CO.: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED NOVEMBER 8. SPECIFICATIONS COVERING ALL ITEMS WERE SET FORTH IN THE SCHEDULE OF THE INVITATION FOR BIDS. DESCRIPTIVE LITERATURE WAS REQUIRED TO BE FURNISHED WITH EACH BID IN ACCORDANCE WITH THE PARAGRAPH ENTITLED REQUIREMENT FOR DESCRIPTIVE LITERATURE ON PAGES 9 AND 10 OF THE INVITATION. THE DESCRIPTIVE LITERATURE IS REQUIRED TO ESTABLISH. (B) FAILURE OF DESCRIPTIVE LITERATURE TO SHOW THAT THE PRODUCT OFFERED CONFORMS TO THE SPECIFICATIONS AND OTHER REQUIREMENTS OF THIS INVITATION FOR BIDS WILL REQUIRE REJECTION OF THE BID. * * *" IT IS REPORTED THAT A REVIEW OF THE BID SUBMITTED BY YOUR COMPANY INDICATES THAT THE DRAWING SUBMITTED CONTAINED ONLY THREE VIEWS.

B-147564, FEB. 2, 1962

TO THE WARNER AND SWASEY CO.:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED NOVEMBER 8, 13 AND 16, 1961, PROTESTING THE ACTION OF THE DEPARTMENT OF THE NAVY IN REJECTING YOUR COMPANY'S BID UNDER INVITATION FOR BIDS NO. 600-146-62, COVERING THE PROCUREMENT OF CERTAIN AIRFIELD MAINTENANCE EQUIPMENT.

AN EXAMINATION OF THE ADMINISTRATIVE REPORT NOW BEFORE THIS OFFICE INDICATES THAT THE ABOVE-MENTIONED INVITATION REQUESTED BIDS ON (1) 104 TRUCKS, AIRFIELD MAINTENANCE AND AMMUNITIONS TRANSPORTER, GASOLINE, 4 BY 2, 4000 POUND CAPACITY, (2) TECHNICAL DATE FOR PROVISIONING THE TRUCKS, AND (3) TECHNICAL PUBLICATIONS. SPECIFICATIONS COVERING ALL ITEMS WERE SET FORTH IN THE SCHEDULE OF THE INVITATION FOR BIDS. DESCRIPTIVE LITERATURE WAS REQUIRED TO BE FURNISHED WITH EACH BID IN ACCORDANCE WITH THE PARAGRAPH ENTITLED REQUIREMENT FOR DESCRIPTIVE LITERATURE ON PAGES 9 AND 10 OF THE INVITATION. SUCH REQUIREMENT READS, IN PERTINENT PART, AS FOLLOWS:

"/A) DESCRIPTIVE LITERATURE AS SPECIFIED IN THIS INVITATION FOR BIDS MUST BE FURNISHED AS A PART OF THE BID AND MUST BE RECEIVED BEFORE THE TIME SET FOR OPENING BIDS. THE LITERATURE FURNISHED MUST BE IDENTIFIED TO SHOW THE ITEM IN THE BID TO WHICH IT PERTAINS. THE DESCRIPTIVE LITERATURE IS REQUIRED TO ESTABLISH, FOR THE PURPOSES OF BID EVALUATION AND AWARD, DETAILS OF THE PRODUCTS THE BIDDER PROPOSES TO FURNISH AS SPECIFIED BELOW:

(1) MAKE AND MODEL OF ENGINE (IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH 3.3.2.1 OF MILITARY SPECIFICATION MIL-T-22306A (WEP);

(2) MAKE AND MODEL OF ALL POWER TRAIN COMPONENTS, INCLUDING FRONT AND REAR AXLES;

(3) MAKE AND MODEL OF MAJOR ELECTRICAL COMPONENTS, INCLUDING GENERATOR, ALTERNATOR AND STARTING MOTOR;

(4) FLAT SIZE DRAWING TO SCALE WITH DIMENSIONS SHOWING THE LEFT SIDE VIEW, TOP VIEW, REAR VIEW AND FRONT VIEW OF THE VEHICLE; AND

(5) DATE REQUIRED BY PARAGRAPHS 3.5.3.1 AND 4.3.2 OF MILITARY SPECIFICATION MIL-T-22306A (WEP).

(B) FAILURE OF DESCRIPTIVE LITERATURE TO SHOW THAT THE PRODUCT OFFERED CONFORMS TO THE SPECIFICATIONS AND OTHER REQUIREMENTS OF THIS INVITATION FOR BIDS WILL REQUIRE REJECTION OF THE BID. * * *"

IT IS REPORTED THAT A REVIEW OF THE BID SUBMITTED BY YOUR COMPANY INDICATES THAT THE DRAWING SUBMITTED CONTAINED ONLY THREE VIEWS--- THE REAR VIEW BEING OMITTED--- INSTEAD OF THE FOUR VIEWS REQUIRED BY SUBSECTION (4) ABOVE. NOTWITHSTANDING THIS OMISSION, HOWEVER, IT APPEARS TO BE THE CONTENTION OF YOUR COMPANY THAT THE FAILURE TO INCLUDE THE REAR VIEW OF THE VEHICLE IN THE DRAWING SUBMITTED WITH THE BID DOES NOT PRECLUDE A TECHNICAL EVALUATION OF THE VEHICLE WHICH YOUR COMPANY PROPOSES TO FURNISH. SUCH VIEW, HOWEVER, IS NOT CONCURRED IN BY THE BUREAU OF NAVAL WEAPONS WHO ADVISE THAT A DRAWING SHOWING THE REAR VIEW OF THE AUTOMOTIVE EQUIPMENT IS EXTREMELY IMPORTANT IN A TECHNICAL EVALUATION, AS THIS VIEW COMPLETED THE GENERAL CONFIGURATION OF THE ENTIRE VEHICLE. THE BUREAU FURTHER CONTENDS THAT THE REQUESTED DRAWING SHOWING THE REAR VIEW OF THE AUTOMOTIVE EQUIPMENT WAS, AMONG OTHER THINGS, REQUIRED FOR THE PURPOSE OF SHOWING THE CONSTRUCTION ASSEMBLY OF THE PINTLE FOR CONFORMANCE WITH PARAGRAPH 3.5.1.1 OF SPECIFICATION MIL-T-22306A (WEPS), TOGETHER WITH THE LOCATION OF CERTAIN COMPONENTS SPECIFIED IN PARAGRAPHS 3.7.2 AND 3.7.3 OF THAT SPECIFICATION. IN ADDITION, THE BUREAU WAS ANXIOUS TO HAVE SHOWN THE PROTECTION PROVIDED BY THE BUMPER; AND IT REPORTS THAT THE TOP VIEW AND SIDEVIEW DRAWINGS FURNISHED BY YOU INDICATED THE BUMPER TO BE FLAT INSTEAD OF TUBE SHAPED AND THAT IT DID NOT EXTEND THE FULL WIDTH OF THE TRUCK (IN ONE PIECE) AS REQUIRED BY PARAGRAPH 3.5.1.2 OF SPECIFICATION MIL -5-22306A (WEPS) AS MODIFIED ON PAGE 7 OF THE INVITATION FOR BIDS.

WE HAVE HELD THAT IT IS APPROPRIATE FOR AN INVITATION TO CONDITION THE CONSIDERATION AND EVALUATION OF A BID UPON THE FURNISHING OF DESCRIPTIVE DATE (36 COMP. GEN. 376; ID. 415). WE HAVE OBSERVED NOTHING IN THE PRESENT CASE WHICH COULD BE REGARDED AS AUTHORIZING THE WAIVER OF THE REQUIREMENT OF DESCRIPTIVE LITERATURE. TO THE CONTRARY, IT CLEARLY PROVIDES THAT WHERE SUCH DATA IS SUBMITTED FOR EVALUATION THE BID WILL BE REJECTED IF THE DATA IS NONCONFORMING. FURTHERMORE, A BLANKET OFFER TO COMPLY WITH SPECIFICATIONS, AS IS PROPOSED IN YOUR LETTER OF OCTOBER 2, 1961, CANNOT OVERCOME OR RENDER NUGATORY EITHER THE SPECIFIC REQUIREMENT OF AN INVITATION FOR THE FURNISHING OF DESCRIPTIVE DATA OR THE PROVISIONS THEREOF CONCERNING THE EXTENT TO WHICH SUCH DESCRIPTIVE DATA WILL BE CONSIDERED IN THE EVALUATION OF BIDS.

AS HEREINBEFORE INDICATED, THE BUREAU OF NAVAL WEAPONS HAS ADVISED THAT THE BID SUBMITTED BY YOUR COMPANY DID NOT INCLUDE THE COMPLETE DESCRIPTION COVERING THE GENERAL CONSTRUCTION OF THE AUTOMOTIVE EQUIPMENT AS REQUIRED BY THE AFOREMENTIONED PROVISION, AND IT STEADFASTLY INSISTS THAT THE REQUIRED DRAWINGS WERE EXTREMELY IMPORTANT IN THE TECHNICAL EVALUATION OF THE BID.

IN VIEW THEREOF, AND SINCE THE PROVISION SPECIFICALLY RESERVES TO THE GOVERNMENT THE RIGHT TO REJECT BIDS NOT COMPLYING WITH THE REQUIREMENTS STATED THEREIN, WE MUST CONCLUDE THAT YOUR BID WAS PROPERLY REJECTED FOR FAILURE TO COMPLY FULLY WITH THE DESCRIPTIVE DATA REQUIREMENT CONTAINED IN THE INVITATION.