B-147890, FEB. 26, 1962

B-147890: Feb 26, 1962

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JR.: REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 4 AND 11. IT HAS BEEN ASCERTAINED THAT AT THE TIME THE AWARD WAS MADE TO THE LOW BIDDER. THE CONTRACTING OFFICER WAS OF THE OPINION THAT DEVIATIONS IN THE COMPANY'S BID WERE MINOR IN VIEW OF THE TECHNICAL ANALYSIS BY A QUALIFIED ENGINEER IN THE BUREAU OF PUBLIC ROADS AND THE CONFIRMATION BY A TECHNICALLY QUALIFIED OFFICER IN THE UNITED STATES NAVY PURCHASING OFFICE WHO WAS RECOMMENDED BY YOUR FIRM. THE CONTRACTING OFFICER HAS REVIEWED ALL THE BIDS THAT WERE RECEIVED AND HE HAS DETERMINED THAT ALL OF THEM. THE AWARD THAT WAS MADE HAS BEEN CANCELED AND THE BUREAU HAS DECIDED TO PROCURE THE EQUIPMENT BY NEGOTIATION ON REVISED SPECIFICATIONS THAT MORE ACCURATELY STATE THE NECESSARY REQUIREMENTS.

B-147890, FEB. 26, 1962

TO MR. C. C. BROGAN, JR.:

REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 4 AND 11, AND FEBRUARY 14, 1962, RELATIVE TO A PROCUREMENT FOR SEVEN UTILITY SHAPERS UNDER BUREAU OF PUBLIC ROADS INVITATION 62-98.

IT HAS BEEN ASCERTAINED THAT AT THE TIME THE AWARD WAS MADE TO THE LOW BIDDER, CAREY MACHINERY COMPANY, THE CONTRACTING OFFICER WAS OF THE OPINION THAT DEVIATIONS IN THE COMPANY'S BID WERE MINOR IN VIEW OF THE TECHNICAL ANALYSIS BY A QUALIFIED ENGINEER IN THE BUREAU OF PUBLIC ROADS AND THE CONFIRMATION BY A TECHNICALLY QUALIFIED OFFICER IN THE UNITED STATES NAVY PURCHASING OFFICE WHO WAS RECOMMENDED BY YOUR FIRM. HOWEVER, AS A RESULT OF YOUR PROTEST, THE CONTRACTING OFFICER HAS REVIEWED ALL THE BIDS THAT WERE RECEIVED AND HE HAS DETERMINED THAT ALL OF THEM, INCLUDING THE ONE SUBMITTED BY YOUR COMPANY, CONTAIN MAJOR DEVIATIONS FROM THE SPECIFICATIONS AFFECTING THE PRICE AND QUALITY. THEREFORE, THE AWARD THAT WAS MADE HAS BEEN CANCELED AND THE BUREAU HAS DECIDED TO PROCURE THE EQUIPMENT BY NEGOTIATION ON REVISED SPECIFICATIONS THAT MORE ACCURATELY STATE THE NECESSARY REQUIREMENTS. THE NEED FOR NEGOTIATION HAS BEEN CREATED BY AN EMERGENT CONDITION RESULTING FROM THE DELAY THAT HAS OCCURRED IN OBTAINING THIS ESSENTIAL EQUIPMENT. IT IS OUR UNDERSTANDING THAT YOUR FIRM WILL BE INVITED TO PARTICIPATE IN THE NEGOTIATION.

SINCE EVERY BIDDER REPORTEDLY HAD SOME MATERIAL DEVIATION IN ITS BID, IT DOES NOT APPEAR THAT THE CONTRACTING OFFICER HAS ANY ALTERNATIVE OTHER THAN TO CANCEL THE ORIGINAL INVITATION AND TO SOLICIT NEW PROPOSALS. ACCORDINGLY, IN THE CIRCUMSTANCES, WE WILL NOT OBJECT TO THE ..END :