B-148840, JUN. 28, 1962

B-148840: Jun 28, 1962

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TO THE SECRETARY OF THE INTERIOR: REFERENCE IS MADE TO YOUR RECENT LETTER OF JUNE 22. BIDS WERE REQUESTED UNDER ITEM 1 (B) FOR THIS SAME EQUIPMENT INSTALLED. THREE BIDS WERE RECEIVED ON THE F.O.B. TWO BIDS WERE RECEIVED ON THE BASIS OF FURNISHING AND INSTALLING THE EQUIPMENT. THESE LATTER BIDS WERE SUBMITTED BY NORTHEAST OHIO MACHINE BUILDERS. BOTH BIDS WERE IN THE APPROXIMATE AMOUNTS OF $148. BOTH PROTESTS WERE BASED LARGELY ON THE LACK OF RESPONSIVENESS OF THE BIDS. IT IS INDICATED IN A REPORT OF THE ACTING ASSISTANT COMMISSIONER OF INDIAN AFFAIRS ON MAY 21. THAT A SUBSEQUENT BUILDING CONTRACT WAS TO BE AWARDED FOR THE HOUSING OF THE INVOLVED EQUIPMENT AND THAT THE SPECIFICATIONS IN INVITATION NO. 14-20 WERE NOT VERY DEFINITE AS TO WHAT DETAILS WERE TO BE PERFORMED BY THE EQUIPMENT CONTRACTOR AND WHAT DETAILS WERE TO BE COVERED BY THE CONSTRUCTION CONTRACT.

B-148840, JUN. 28, 1962

TO THE SECRETARY OF THE INTERIOR:

REFERENCE IS MADE TO YOUR RECENT LETTER OF JUNE 22, 1962, CONCERNING THE PROTEST OF NORTHEAST OHIO MACHINE BUILDERS, INC., AGAINST THE CONTEMPLATED AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. 14-20, ISSUED BY THE MINNEAPOLIS AREA OFFICE OF THE BUREAU OF INDIAN AFFAIRS ON NOVEMBER 30, 1961.

THE INVITATION REQUESTED BIDS FOR FURNISHING, F.O.B. RED LAKE INDIAN MILLS, REDBY, MINNESOTA, CERTAIN ITEMS OF SAWMILL EQUIPMENT DESIGNATED AS ITEMS 1 (A) (1) THROUGH (15), INCLUSIVE. ALSO, BIDS WERE REQUESTED UNDER ITEM 1 (B) FOR THIS SAME EQUIPMENT INSTALLED, COMPLETE AND READY FOR OPERATION. THREE BIDS WERE RECEIVED ON THE F.O.B. DESTINATION BASIS. TWO BIDS WERE RECEIVED ON THE BASIS OF FURNISHING AND INSTALLING THE EQUIPMENT. THESE LATTER BIDS WERE SUBMITTED BY NORTHEAST OHIO MACHINE BUILDERS, INC., AND BY MATTER DIVISION OF APPLETON MACHINE COMPANY. BOTH BIDS WERE IN THE APPROXIMATE AMOUNTS OF $148,000. ON MAY 7, 1962, THE ATTORNEYS FOR NORTHEAST OHIO MACHINE BUILDERS, INC., PROTESTED THE CONTEMPLATED AWARD OF A CONTRACT TO MATTER ON AN INSTALLED BASIS. SUBSEQUENTLY THE ATTORNEYS FOR MATTER PROTESTED THE CONSIDERATION OF AN AWARD TO NORTHEAST. BOTH PROTESTS WERE BASED LARGELY ON THE LACK OF RESPONSIVENESS OF THE BIDS. IT IS INDICATED IN A REPORT OF THE ACTING ASSISTANT COMMISSIONER OF INDIAN AFFAIRS ON MAY 21, 1962, THAT A SUBSEQUENT BUILDING CONTRACT WAS TO BE AWARDED FOR THE HOUSING OF THE INVOLVED EQUIPMENT AND THAT THE SPECIFICATIONS IN INVITATION NO. 14-20 WERE NOT VERY DEFINITE AS TO WHAT DETAILS WERE TO BE PERFORMED BY THE EQUIPMENT CONTRACTOR AND WHAT DETAILS WERE TO BE COVERED BY THE CONSTRUCTION CONTRACT.

IN YOUR RECENT LETTER OF JUNE 22 YOU STATE THAT DURING THE ELAPSED TIME CIRCUMSTANCES AND CONDITIONS HAVE CHANGED TO THE EXTENT THAT IN YOUR OPINION IT IS DESIRABLE NOW THAT NO AWARD BE MADE UNDER THE INSTANT INVITATION. IN SUPPORT THEREOF YOU REFER TO THE FACT THAT THE RED LAKE TRIBE OF INDIANS HAS NOW MADE AVAILABLE AN ADDITIONAL$80,000 TO BE USED FOR PURCHASE OF EQUIPMENT IN ADDITION TO THE ORIGINALLY SCHEDULED AMOUNT OF $140,000. ALSO, IT IS CONSIDERED ESSENTIAL THAT THE CONSTRUCTION OF A BUILDING AT AN APPROXIMATE COST OF $50,000 BE INCLUDED IN A NEW INVITATION FOR BIDS FOR THIS INCREASED AMOUNT OF EQUIPMENT, MAKING A PACKAGE DEAL IN AN AMOUNT OF APPROXIMATELY $270,000. IT IS PROPOSED, THEREFORE, TO CANCEL THE PRESENT INVITATION, PREPARE NEW SPECIFICATIONS AND ISSUE A NEW INVITATION FOR BIDS.

IN VIEW OF THE FOREGOING OUR OFFICE WOULD NOT BE REQUIRED TO OBJECT TO THE ACTION PROPOSED.