B-148977, JUL. 25, 1962

B-148977: Jul 25, 1962

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TO THE YALE AND TOWNE MANUFACTURING COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JUNE 5. YOU STATE AS THE BASIS FOR YOUR PROTEST THAT THE CLARK EQUIPMENT COMPANY'S BID IS NONRESPONSIVE IN THAT TWO PIECES OF DESCRIPTIVE DATA REGARDING THE FORK LIFT TRUCKS CALLED FOR IN THE INVITATION WERE NOT FURNISHED BY CLARK. GIVES ONLY ONE DIMENSION LOCATING THE CENTER OF GRAVITY 44 INCHES TO THE REAR OF THE CENTERLINE OF THE DRIVE AXLE WHEN THE VEHICLE IS UNLOADED AND MAKES NO MENTION OF THE DISTANCE FROM THE GROUND TO CENTER OF GRAVITY. IT IS YOUR POSITION THAT THIS IS NOT A PROPER DESCRIPTION OF THE CENTER OF GRAVITY. YOU FURTHER CONTEND THAT THE DESIGNATION OF THE DIESEL ENGINE TO BE USED BY CLARK AS "G.M. -53" IS NOT SUFFICIENT TO PERMIT DETERMINATION WHETHER THE ENGINE CONFORMS TO THE SPECIFICATIONS.

B-148977, JUL. 25, 1962

TO THE YALE AND TOWNE MANUFACTURING COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 5, 1962, PROTESTING ANY AWARD TO CLARK EQUIPMENT COMPANY UNDER INVITATION FOR BIDS NO. IFB 600 1144-62, ISSUED BY THE UNITED STATES NAVY PURCHASING OFFICE,WASHINGTON, D.C.

YOU STATE AS THE BASIS FOR YOUR PROTEST THAT THE CLARK EQUIPMENT COMPANY'S BID IS NONRESPONSIVE IN THAT TWO PIECES OF DESCRIPTIVE DATA REGARDING THE FORK LIFT TRUCKS CALLED FOR IN THE INVITATION WERE NOT FURNISHED BY CLARK. THE REQUIREMENT FOR DESCRIPTIVE LITERATURE ON PAGES 6 AND 7 OF THE INVITATION CALLS FOR IN ITEM 3,"ENTER OF GRAVITY OF VEHICLE WITH AND WITHOUT BOOM ATTACHED.' YOU CONTEND THAT CLARK'S DESCRIPTIVE LITERATURE SHOWS THE CENTER OF GRAVITY OF THE VEHICLE WITHOUT THE BOOM ATTACHED, BUT THE DRAWING DS-2850, SHOWING THE VEHICLE WITH THE BOOM ATTACHED, GIVES ONLY ONE DIMENSION LOCATING THE CENTER OF GRAVITY 44 INCHES TO THE REAR OF THE CENTERLINE OF THE DRIVE AXLE WHEN THE VEHICLE IS UNLOADED AND MAKES NO MENTION OF THE DISTANCE FROM THE GROUND TO CENTER OF GRAVITY. IT IS YOUR POSITION THAT THIS IS NOT A PROPER DESCRIPTION OF THE CENTER OF GRAVITY.

YOU FURTHER CONTEND THAT THE DESIGNATION OF THE DIESEL ENGINE TO BE USED BY CLARK AS "G.M. -53" IS NOT SUFFICIENT TO PERMIT DETERMINATION WHETHER THE ENGINE CONFORMS TO THE SPECIFICATIONS. YOUR CONCLUSION IS BASED ON YOUR REFERENCE TO A GM DIESEL BULLETIN WHICH INDICATES THE SERIES 53 ENGINE IS FURNISHED IN BOTH 2-VALVE AND 4-VALVE HEAD CONFIGURATIONS. YOU STATE THAT, IN YOUR OPINION, THE 2-VALVE HEAD DOES NOT MEET THE SPECIFICATIONS AND THEREFORE THE ENGINE DESIGNATION SUBMITTED BY CLARK SHOULD BE CONSIDERED NONRESPONSIVE SINCE THE MODEL NUMBER DOES NOT DISCLOSE WHETHER THE 2-VALVE OR 4-VALVE HEAD IS OFFERED.

THE CONTRACTING OFFICER ADVISES THAT THREE BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION AND WERE OPENED ON MAY 10, 1962. ANALYSIS OF THE BIDS DISCLOSED THAT CLARK EQUIPMENT COMPANY SUBMITTED THE LOWEST BID AND DESPITE THE OBJECTIONS YOU HAVE RAISED, THE CONTRACTING OFFICER DETERMINED THAT CLARK'S BID IS RESPONSIVE TO THE TERMS AND CONDITIONS OF THE INVITATION. THE CONTRACTING OFFICER POINTS OUT THAT THE INVITATION REQUIRED BIDDERS TO SUBMIT WITH THEIR BIDS SPECIFIED DESCRIPTIVE LITERATURE "REQUIRED TO ESTABLISH, FOR THE PURPOSE OF BID EVALUATION AND AWARD, DETAILS OF THE PRODUCT THE BIDDER PROPOSES TO FURNISH.'

WITH REFERENCE TO YOUR CONTENTION THAT CLARK'S OMISSION OF THE DISTANCE FROM THE GROUND TO THE CENTER OF GRAVITY OF THE VEHICLE WITH THE BOOM ATTACHED RENDERS ITS BID NONRESPONSIVE, THE CONTRACTING OFFICER ADVISES THAT THE LOCATION OF THE CENTER OF GRAVITY ABOVE THE SURFACE CAN EASILY BE COMPUTED BY APPLYING KNOWN FORMULAE TO THE INFORMATION FURNISHED WITH CLARK'S BID. DRAWING NO. DS-2850 SHOWS THAT THE DISTANCE FROM THE CENTER OF GRAVITY OF THE BOOM TO THE SURFACE IS APPROXIMATELY THE SAME AS THE DISTANCE OF 41 1/2 INCHES FROM THE EYE OF THE BOOM TO THE SURFACE. THE WEIGHT OF THE BOOM IS SHOWN IN THE SHIPPING DATA WITH CLARK'S BID AS 1350 POUNDS AND MAY ALSO BE COMPUTED BY SUBTRACTING THE WEIGHT OF THE VEHICLE WITHOUT BOOM, 29,650 POUNDS, FROM THE WEIGHT OF THE VEHICLE WITH BOOM, 31,000 POUNDS. THE HEIGHT OF THE CENTER OF GRAVITY ABOVE THE SURFACE FOR THE VEHICLE WITHOUT BOOM IS GIVEN AS 36 3/4 INCHES. THUS THE CENTER OF GRAVITY OF THE TRUCK WITH BOOM ATTACHED CAN BE COMPUTED FROM THE INFORMATION FURNISHED WITH THE BID AS FOLLOWS:

TABLE

29,650 TIMES 36 3/4 EQUALS 1,089,637.5

1,350 TIMES 41 1/2 EQUALS 56,025.5

TOTAL 1,145,662.5

1,145,662.5 DIVIDED BY 31,000 EQUALS 36.95. THE DIFFERENCE IN THE CENTER OF GRAVITY WHEN THE BOOM IS ATTACHED IS THAT IT IS TWO-TENTHS OF AN INCH HIGHER ABOVE THE SURFACE, AS COMPUTED FROM INFORMATION FURNISHED WITH THE BID. THE CONTRACTING OFFICER DETERMINED, THEREFORE, THAT THE REQUIREMENTS OF THE DESCRIPTIVE LITERATURE CLAUSE HAD BEEN MET.

REGARDING YOUR SECOND CONTENTION, THE DETROIT DIESEL ENGINE DIVISION, GENERAL MOTORS CORPORATION, ADVISES IN A LETTER OF JUNE 19, 1962, THAT CONTRARY TO YOUR BELIEF THAT THE ENGINE DESIGNATION "G.M. 4 53" IS INSUFFICIENT TO IDENTIFY A PARTICULAR MODEL, THE NUMBER "4" INDICATES THE NUMBER OF CYLINDERS AND THE "53" INDICATES THE SERIES. ALTHOUGH GM ALSO USES AN EIGHT DIGIT NUMBER TO DESIGNATE VARIOUS MODELS OF ITS DIESEL ENGINES, BOTH TYPES OF DESIGNATION, THE THREE DIGIT AND THE EIGHT DIGIT NUMBERS, ARE CONSIDERED BY GM AND THE TRADE TO BE MODEL NUMBERS. THE CONTRACTING OFFICER DETERMINED THAT THE DESIGNATION "G.M. 4-53" REFERS TO A SPECIFIC MODEL AND THIS INFORMATION, TOGETHER WITH THE CERTIFICATION BY GM ALSO FURNISHED WITH THE BID, THAT THE ENGINE PROPOSED BY CLARK WILL MEET ALL PERFORMANCE REQUIREMENTS LISTED IN MIL-T-22752B (WEAP) DATED 10 NOVEMBER 1961, COMPLIES WITH THE DESCRIPTIVE LITERATURE REQUIREMENTS OF THE INVITATION.

IN OUR OPINION, THE PURPOSE OF DATA REQUIRED TO BE SUBMITTED WITH A BID IS TO PERMIT A DETERMINATION BY THE PROCURING AGENCY OF PRECISELY WHAT A BIDDER PROPOSES, AND WILL BE BOUND TO FURNISH IF AWARDED A CONTRACT. WHILE A DESCRIPTIVE DATA REQUIREMENT MUST NORMALLY BE REGARDED AS MATERIAL AND COMPLIED WITH FULLY, WE HAVE HELD THAT REJECTION OF A BID AS NONRESPONSIVE IS UNJUSTIFIED IF OMITTED INFORMATION CAN BE DETERMINED BY APPLICATION OF RECOGNIZED MATHEMATICAL FORMULAE OR RULES TO INFORMATION SUPPLIED WITH THE BID. 39 COMP. GEN. 595. IN THE PRESENT CASE, WE AGREE WITH THE CONTRACTING OFFICER THAT SUFFICIENT INFORMATION WAS SUBMITTED WITH CLARK'S BID TO SUPPORT THE CONCLUSION THAT THE BID COMPLIES WITH THE REQUIREMENT FOR DESCRIPTIVE LITERATURE IN THE INVITATION.

ACCORDINGLY, WE FIND NO BASIS UPON WHICH WE MAY OBJECT TO AN AWARD TO CLARK EQUIPMENT COMPANY AS THE LOWEST RESPONSIVE BIDDER. YOUR PROTEST MUST THEREFORE BE DENIED.