B-150998, MAY 3, 1963

B-150998: May 3, 1963

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BIDDERS WERE REQUIRED TO INSERT THE MANUFACTURER'S NAME AND MODEL OFFERED ON EACH ITEM. THE BID OPENING WAS HELD ON DECEMBER 7. BIDS WERE RECEIVED AND EVALUATED FROM MAURICE ELECTRIC SUPPLY COMPANY. THE MAURICE ELECTRIC BID WAS LOWEST AS TO PRICE BUT WAS FOUND TO BE NONRESPONSIVE TO DELIVERY REQUIREMENTS OF THE INVITATION. AWARD WAS MADE ON DECEMBER 11. ON THE "STATEMENT AND CERTIFICATE OF AWARD" IT WAS NOTED. THAT THE NOTATION IN QUESTION WAS ERRONEOUSLY MADE ON THE AWARD CERTIFICATE. THAT THE REAL BASIS FOR THE AWARD WAS SIMPLY THAT EAGLE OFFERED THE LOWEST RESPONSIVE BID.

B-150998, MAY 3, 1963

TO WHITE PLAINS ELECTRICAL SUPPLY COMPANY, INC.:

THIS REFERS TO YOUR LETTER OF MARCH 4, 1963 PROTESTING AGAINST THE AWARD MADE UNDER INVITATION FOR BIDS NO. 174-112-63, ISSUED ON NOVEMBER 30, 1962, BY THE UNITED STATES NAVAL PROPELLANT PLANT, INDIAN HEAD, MARYLAND, FOR FIVE ITEMS OF FLUORESCENT FIXTURES.

ITEMS NOS. 1, 2, 3 AND 5 COVERED LAMPHOLDERS IN ACCORDANCE WITH SPECIFIED ROBERTS MANUFACTURING COMPANY MODELS. ITEM NO. 4 COVERED A MERCURY VAPOR FIXTURE IN ACCORDANCE WITH A STONCO NO. CL 3708-WW MODEL. BIDDERS WERE REQUIRED TO INSERT THE MANUFACTURER'S NAME AND MODEL OFFERED ON EACH ITEM.

THE BID OPENING WAS HELD ON DECEMBER 7, 1962, AND BIDS WERE RECEIVED AND EVALUATED FROM MAURICE ELECTRIC SUPPLY COMPANY, EAGLE ELECTRIC SUPPLY COMPANY AND YOUR FIRM. THE MAURICE ELECTRIC BID WAS LOWEST AS TO PRICE BUT WAS FOUND TO BE NONRESPONSIVE TO DELIVERY REQUIREMENTS OF THE INVITATION.

YOUR BID, WHICH OFFERED "MASCO" FIXTURES FOR ITEMS 1, 2, 3 AND 5, QUOTED A TOTAL PRICE FOR THE 5 ITEMS OF $7,027.39, INCLUDING EXTRAS STATED ON PAGE 6 FOR LAMP BULBS AND PORCELAIN ENAMEL FINISH. EAGLE'SBID QUOTED THE BRANDS SPECIFIED IN THE INVITATION, INCLUDING LAMPS AND PORCELAIN FINISH, AT A TOTAL PRICE OF $6,973.14.

AWARD WAS MADE ON DECEMBER 11, 1962, TO EAGLE AS THE LOWEST RESPONSIVE BIDDER. HOWEVER, ON THE "STATEMENT AND CERTIFICATE OF AWARD" IT WAS NOTED, WITH RESPECT TO A REJECTED BID, THAT THE INVITATION DID NOT AUTHORIZE ALTERNATE BIDS. YOU TOOK THIS STATEMENT AS INDICATING THE BASIS FOR THE REJECTION OF YOUR BID AND YOU PROTESTED SUCH AN ACTION. THE CONTRACTING OFFICER REPORTS, HOWEVER, THAT THE NOTATION IN QUESTION WAS ERRONEOUSLY MADE ON THE AWARD CERTIFICATE; AND THAT THE REAL BASIS FOR THE AWARD WAS SIMPLY THAT EAGLE OFFERED THE LOWEST RESPONSIVE BID.

ON THE RECORD IT APPEARS THAT EAGLE PROPERLY RECEIVED THE AWARD, AND YOUR PROTEST MUST THEREFORE BE DENIED.