B-148993, JUL. 31, 1962

B-148993: Jul 31, 1962

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IT APPEARED THAT GFC WAS LOW BIDDER ON SEVERAL ITEMS AND AGGREGATE GROUPS OF ITEMS. WHEN THE GFC LAMP MODELS WERE COMPARED WITH THE ELECTRICAL TESTING LABORATORIES. ON THE BASIS THAT SATIN BRASS AND BRUSHED BRASS WERE TWO DIFFERENT FINISHES. IT WAS DETERMINED THAT THE LOW BID OF GFC SHOULD BE REJECTED AS NONRESPONSIVE SINCE THE LAMP MODELS OFFERED WERE NOT QUALIFIED FOR BRUSHED BRASS FINISH AS REQUIRED BY THE INVITATION. IT NOW APPEARS THAT SATIN BRASS AND BRUSHED BRASS ARE THE SAME. YOU HAVE CONCLUDED THAT CERTAIN AWARDS MADE UNDER THE INVITATION WERE IN ERROR WHERE SUCH AWARDS INVOLVE BRASS FINISH LAMPS. IT IS PROPOSED TO MODIFY THE REQUEST FOR APPROVAL OF AWARDS OF REFLECT A REEVALUATION OF THE BIDS OFFERING BRASS FINISH LAMPS.

B-148993, JUL. 31, 1962

TO C. D. BEAN:

BY LETTER DATED JULY 16, 1962, YOU FURNISHED A REPORT RELATIVE TO THE PROTEST OF THE GFC MANUFACTURING COMPANY, INC., AGAINST THE REJECTION OF ITS BID ON FSC GROUP 62, FSC CLASS 6230, COVERING HOUSEHOLD AND QUARTERS LAMPS.

THE INVITATION FOR BIDS, ISSUED ON FEBRUARY 7, 1962, REQUESTED BIDS ON A QUALIFIED PRODUCTS BASIS FOR FURNISHING LAMPS UNDER THE FEDERAL SUPPLY SCHEDULE FOR THE PERIOD AUGUST 15, 1962, TO AUGUST 14, 1963. UPON THE OPENING OF BIDS ON MARCH 9, 1962, IT APPEARED THAT GFC WAS LOW BIDDER ON SEVERAL ITEMS AND AGGREGATE GROUPS OF ITEMS. HOWEVER, WHEN THE GFC LAMP MODELS WERE COMPARED WITH THE ELECTRICAL TESTING LABORATORIES, INC., REPORTS, IT APPEARED THAT THE BRASS LAMPS OFFERED HAD BEEN QUALIFIED FOR SATIN FINISH BUT NOT BRUSHED BRASS FINISH. ON THE BASIS THAT SATIN BRASS AND BRUSHED BRASS WERE TWO DIFFERENT FINISHES, IT WAS DETERMINED THAT THE LOW BID OF GFC SHOULD BE REJECTED AS NONRESPONSIVE SINCE THE LAMP MODELS OFFERED WERE NOT QUALIFIED FOR BRUSHED BRASS FINISH AS REQUIRED BY THE INVITATION.

HOWEVER, BASED UPON YOUR AGENCY'S INVESTIGATION AND INFORMATION OBTAINED FROM QUALIFIED SOURCES, IT NOW APPEARS THAT SATIN BRASS AND BRUSHED BRASS ARE THE SAME--- THE ONLY DIFFERENCE BEING ONE OF NOMENCLATURE. HENCE, YOU HAVE CONCLUDED THAT CERTAIN AWARDS MADE UNDER THE INVITATION WERE IN ERROR WHERE SUCH AWARDS INVOLVE BRASS FINISH LAMPS. IN VIEW THEREOF, IT IS PROPOSED TO MODIFY THE REQUEST FOR APPROVAL OF AWARDS OF REFLECT A REEVALUATION OF THE BIDS OFFERING BRASS FINISH LAMPS.

THE ADMINISTRATIVE ACTION PROPOSED TO BE TAKEN TO EFFECT AWARDS FOR BRASS LAMPS TO THOSE BIDDERS WHOSE BIDS, AS REEVALUATED, ARE THE LOWEST QUALIFIED BIDS WOULD, IN OUR OPINION, BE PROPER UNDER THE CIRCUMSTANCES.