B-148833, JUL. 2, 1962

B-148833: Jul 2, 1962

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PROPOSALS FROM FOUR OFFERORS WERE OPENED AS SCHEDULED ON APRIL 23. THE NEXT LOWEST OFFER WAS SUBMITTED BY GENERAL ELECTRIC IN THE AMOUNT OF $5. THE OTHER TWO OFFERS WERE IN THE AMOUNTS OF $5. THE PROPOSAL OF WESTERN X-RAY WAS TECHNICALLY EVALUATED ON THE BASIS OF BROCHURES AND SPECIFICATIONS SUBMITTED ON EQUIPMENT OFFERED IN ITS PROPOSAL. IT WAS CONCLUDED THAT WESTERN X-RAY'S EQUIPMENT DID NOT MEET THE SPECIFICATIONS SET OUT IN THE REQUEST FOR PROPOSALS IN THE FOLLOWING RESPECTS: A. GENERATOR CONTROL UNIT IS NOT MOUNTED ON A SWIVEL BASE. THIS SPECIFICATION IS REQUIRED FOR EASY ACCESS TO THE DOOR LEADING INTO THE HIGH VOLTAGE TRANSFORMER ROOM AS THE CONTROL WILL SIT DIRECTLY IN FRONT OF THE DOOR.

B-148833, JUL. 2, 1962

TO MR. RAYMOND A REISER:

BY LETTER DATED MAY 2, 1962, WITH ENCLOSURES, YOU PROTESTED AGAINST AN AWARD MADE BY THE MADIGAN GENERAL HOSPITAL TO THE GENERAL ELECTRIC COMPANY, X-RAY DEPARTMENT, RATHER THAN TO THE WESTERN X-RAY COMPANY WHO HAD SUBMITTED THE LOWEST PROPOSAL FOR FURNISHING THE EQUIPMENT DESIRED BY THE GOVERNMENT.

REQUEST FOR PROPOSALS NO. 45-148-62-3 DATED APRIL 6, 1962, SOLICITED OFFERS FOR FURNISHING ONE X-RAY GENERATING UNIT, 300MA, 125 KVP, GE MODEL KX-23, TYPE II, OR EQUAL, WITH A PANEL CONTROL, TRANSFORMER AND HIGH VOLTAGE CABLES (TWO SETS) IN ACCORDANCE WITH DETAILED SPECIFICATIONS ENUMERATED ON PAGES 1 AND 2 OF THE REQUEST FOR PROPOSALS. PROPOSALS FROM FOUR OFFERORS WERE OPENED AS SCHEDULED ON APRIL 23, 1962. WESTERN X-RAY OFFERED TO FURNISH THE EQUIPMENT AT A COST OF 4,330; THE NEXT LOWEST OFFER WAS SUBMITTED BY GENERAL ELECTRIC IN THE AMOUNT OF $5,084. THE OTHER TWO OFFERS WERE IN THE AMOUNTS OF $5,125 AND $5,290 FROM WESTINGHOUSE AND PICKER X-RAY, RESPECTIVELY. THE PROPOSAL OF WESTERN X-RAY WAS TECHNICALLY EVALUATED ON THE BASIS OF BROCHURES AND SPECIFICATIONS SUBMITTED ON EQUIPMENT OFFERED IN ITS PROPOSAL. IT WAS CONCLUDED THAT WESTERN X-RAY'S EQUIPMENT DID NOT MEET THE SPECIFICATIONS SET OUT IN THE REQUEST FOR PROPOSALS IN THE FOLLOWING RESPECTS:

A. GENERATOR CONTROL UNIT IS NOT MOUNTED ON A SWIVEL BASE. THIS SPECIFICATION IS REQUIRED FOR EASY ACCESS TO THE DOOR LEADING INTO THE HIGH VOLTAGE TRANSFORMER ROOM AS THE CONTROL WILL SIT DIRECTLY IN FRONT OF THE DOOR. WESTERN X-RAY OFFERED A STATIONARY CONTROL; THEREFORE, IT IS IMPOSSIBLE TO OBTAIN ACCESS TO THE TRANSFORMER ROOM TO SERVICE IT.

B. MA TECHNIC SELECTOR: PROVIDES ONLY SIX MA VALUES AS TO EIGHT MA VALUES REQUIRED IN SPECIFICATIONS. EIGHT MA VALUES ARE REQUIRED TO OPERATE TWO X -RAY TUBES AT PROPER MA AS REQUIRED BY TECHNIC USED.

C. IMPULSE TIMER: TWENTY-FOUR SETTINGS OF WHICH 14 SETTINGS ARE BELOW 1 SECOND. FOR EFFICIENT OPERATION IT IS REQUIRED THAT THERE BE 19 SETTINGS BELOW 1 SECOND, TO GIVE DESIRED DETAILS IN UROLOGY X-RAY.

D. MAIN LINE SWITCH: PROVIDED A TWO-POLE, SINGLE THROW, SNAP-ACTION TYPE. A LINE CONTRACTOR SHOULD HAVE BEEN PROVIDED. A TWO-POLE, SINGLE THROW, SNAP-ACTION SWITCH WOULD NOT PROTECT THE X-RAY GENERATOR AND TUBE AS THE LINE CONTRACTOR WOULD.

E. FILAMENT STABILIZER: A 15 PERCENT VARIATION OF IN-PUT VOLTAGE WITH A PLUS OR MINUS 1 PERCENT. VOLTAGE OUTPUT TO X-RAY TUBE FILAMENT CIRCUIT IS PLUS OR MINUS 1 PERCENT WITH VARIATIONS OF IN-PUT VOLTAGE UP TO PLUS 15 PERCENT OR MINUS 20 PERCENT, IN THAT A STATIC FILAMENT STABILIZER ALLOWS ONLY 1/2 PERCENT CHANGE IN THE FILAMENT WITH A LINE CHANGE OF 15 PERCENT.

F. UNDERWRITERS LABORATORIES, INC.:THERE IS NO INDICATION THAT THE EQUIPMENT OFFERED BY WESTERN X-RAY IS LISTED WITH UL AND GSA AS GENERALLY REQUIRED BY APPLICABLE FEDERAL SPECIFICATIONS.

THEREFORE, AWARD WAS MADE ON APRIL 27, 1962, TO GENERAL ELECTRIC AS THE LOWEST RESPONSIVE OFFEROR.

THIS PROCUREMENT WAS NEGOTIATED UNDER THE AUTHORITY CONTAINED IN 10 U.S.C. 2304 (A) (7), AS IMPLEMENTED BY ASPR 3-207 WHICH SPECIFICALLY AUTHORIZES THE PURCHASE OF MEDICAL SUPPLIES THROUGH NEGOTIATION PROCEDURES, INCLUDING X-RAY SUPPLIES AND EQUIPMENT. PARAGRAPH 13 OF THE REQUEST FOR PROPOSALS PROVIDED THAT COMPLETE DESCRIPTIVE MATERIAL WILL BE SUBMITTED WITH THE OFFER SO THAT TECHNICAL EVALUATION CAN BE MADE, AND THAT TRADE NAMES OR MODEL NUMBERS REFERRED TO THEREIN HAVE BEEN USED FOR DESCRIPTIVE PURPOSES ONLY.

WE DO NOT AGREE THAT THE SPECIFICATIONS WERE RESTRICTED TO ONLY ONE SUPPLIER, ESPECIALLY SINCE A BRAND NAME OR EQUAL CLAUSE WAS MADE A PART OF THE REQUEST FOR PROPOSALS. THIS CLAUSE PROVIDED THAT "BIDS OFFERING "EQUAL" PRODUCTS WILL BE CONSIDERED FOR AWARD IF SUCH PRODUCTS ARE CLEARLY IDENTIFIED IN THE BIDS AND ARE DETERMINED BY THE GOVERNMENT TO BE EQUAL IN ALL MATERIAL RESPECTS TO THE BRAND NAME PRODUCTS REFERENCED" IN THE REQUEST FOR PROPOSALS. MOREOVER, PARAGRAPH 1 (D) OF THE REQUEST FOR PROPOSALS RESERVED TO THE GOVERNMENT THE RIGHT "TO ACCEPT OTHER THAN THE LOWEST PROPOSAL AND TO REJECT ANY OR ALL PROPOSALS.'

IN THE CIRCUMSTANCES, THERE WAS NO APPARENT REASON WHY THE GOVERNMENT SHOULD HAVE ACCEPTED THE PROPOSAL OF WESTERN X-RAY--- THOUGH LOW--- WHICH DID NOT OFFER A PRODUCT EQUAL IN ALL MATERIAL RESPECTS TO THE SPECIFICATIONS OR TO THE BRAND NAME REFERENCED IN THE REQUEST FOR PROPOSALS. SINCE THE REQUIREMENTS OF THE GOVERNMENT WERE CLEARLY SPELLED OUT, WESTERN X-RAY HAD THE SAME OPPORTUNITY AS THE OTHER RESPONDING OFFERORS TO OFFER EQUIPMENT MEETING THOSE REQUIREMENTS.

WE THEREFORE FIND NO BASIS TO QUESTION THE REJECTION OF THE OFFER OF WESTERN X-RAY OR THE AWARD MADE TO GENERAL ELECTRIC.