B-151229, JUN. 28, 1963

B-151229, JUN. 28, 1963

TO PECK AND HALE, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST AN AWARD TO EASTERN ROTORCRAFT CORPORATION UNDER INVITATION FOR BIDS NO. 151-254 63, ISSUED BY THE PHILADELPHIA NAVAL SHIPYARD.

THE INVITATION REQUESTED BIDS FOR FURNISHING THREE COMPLETE WIRE ROPE SHORING SYSTEMS FOR LOCATION ABOARD THE U.S.S. LPH-9. ONE SET OF REPRODUCIBLE DRAWINGS FOR EACH SYSTEM FOR INSTALLATION PURPOSES WAS ALSO REQUIRED. THE INVITATION PROVIDED, IN PERTINENT PART, AS FOLLOWS:

TABLE

"DATA TO BE SUBMITTED WITH BID

1. PLAN, IN DUPLICATE, SHOWING PROPOSED WIRE ROPE NET SHORING SYSTEM CONSTRUCTION.

2. LIST OF MATERIAL, IN DUPLICATE TO BE USED IN THE SHORING SYSTEM, ITEMIZING THE FOLLOWING:

(A) QUANTITY, SIZE AND MATERIAL OF NETTING

(B) QUANTITY, SIZE AND MATERIAL OF HOK-IN BARS

(C) QUANTITY, SIZE AND MATERIAL OF DECK CHANNELS

(D) QUANTITY, SIZE AND MATERIAL OF JUMPER BARS

(E) QUANTITY, SIZE, MATERIAL AND IDENTIFYING OF OTHER ITEMS ASSOCIATED WITH THE PROPOSED SYSTEM.

3. ALL SUCH INFORMATION MUST BE PROVIDED IN SUFFICIENT DETAIL TO ADEQUATELY INDICATE EXACTLY WHAT IS BEING FURNISHED. DECK INSTALLATION SHALL BE IN ACCORDANCE WITH DETAIL NO. 2 OF ENCLOSURE 4.

4. BIDS NOT ACCOMPANIED BY SUCH SUFFICIENTLY DETAILED PLANS AND LISTS WILL BE CONSIDERED NON-RESPONSIVE TO THE INVITATION FOR BIDS AND WILL BE REJECTED.

"ENCLOSURES

1. DATA FOR BIDDERS PLAN FOR WIRE ROPE NET SHORING SYSTEM IN COMPT. 4-54 -0-AA AND 4-60-1-M--- LPH9-608-2017748.

2. DATA FOR BIDDERS PLAN FOR WIRE ROPE NET SHORING SYSTEM IN COMPT. 4-63 -0-AA--- LPH9-608-2017749.

3. DATA FOR BIDDERS PLAN FOR WIRE ROPE NET SHORING SYSTEM IN COMPT. 5-53 -01-MM--- LPH9-702-2017750.

4. SHORING SYSTEM, WIRE ROPE NET FOR CARGO TYPE 805-1749066.

5. SHORING SYSTEM, WIRE ROPE NET FOR CARGO TYPE 805-1749067.

6. SHORING SYSTEM, WIRE ROPE NET FOR AMMUNITION TYPE 805-1749071.

"1. SCOPE

"1.1 A COMPLETE WIRE ROPE NET SHORING SYSTEM FOR EACH OF FOUR (4) COMPARTMENTS IS REQUIRED. ALL BIDDERS MAY VISIT LPH-7 (WHICH HAS A SIMILAR INSTALLATION) TO DETERMINE SCOPE OF WORK, INTERFERENCE AND OBTAIN OTHER INFORMATION DEEMED NECESSARY. SUCH VISITORS SHALL REPORT TO MR. CANNON OR MR. WILSON, BLDG. 12, PHILA. NAVAL SHIPYARD. THE GOVERNMENT WILL NOT BE RESPONSIBLE FOR THE NEGLECT OR FAILURE OF ANY BIDDER TO REPORT FOR THIS VISIT.

"2. REQUIREMENTS

"2.1 THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE FOLLOWING:

(A) THE MANUFACTURE OF A COMPLETE WIRE ROPE NET SHORING SYSTEM TO ADEQUATELY SECURE BULK OR PALETIZED CARGO AND AMMUNITION IN THE COMPARTMENT SHOWN ON DATA FOR BIDDER'S PLANS, ENCLOSURE 1, 2 AND 3. CONSTRUCTION OF THE NETS SHALL BE SIMILAR OR EQUAL TO THAT DETAILED ON BUSHIPS TYPE PLANS, ENCLOSURE 4, 5 AND 6. ALL GENERAL NOTES CONTAINED IN ENCLOSURES 1 THRU 6 SHALL BE COMPLIED WITH.'

THE TOTAL AMOUNTS OF THE THREE BIDS RECEIVED IN RESPONSE TO THE INVITATION ARE AS FOLLOWS: EASTERN ROTORCRAFT CORPORATION, $24,631.10; SANDNES' SONS, $35,404.52; AND PECK AND HALE, INCORPORATED, $40,724.15. ALL THREE BIDDERS SUBMITTED WITH THEIR BIDS THE REQUIRED LIST OF MATERIALS. BOTH EASTERN ROTORCRAFT AND PECK AND HALE, ALSO SUBMITTED WITH THEIR BIDS DRAWINGS SHOWING THE DESIGN OF THE SHORING SYSTEM OFFERED.

THE SHORING SYSTEMS OFFERED BY EASTERN ROTORCRAFT DIFFER IN CERTAIN RESPECTS FROM THOSE SHOWN ON THE REFERENCED DRAWINGS. HOWEVER, IT WAS ADMINISTRATIVELY DETERMINED THAT THE DESIGN OFFERED WAS EQUAL TO THAT SET FORTH ON THE TYPE PLANS AND IT IS PROPOSED TO MAKE AWARD TO EASTERN ROTORCRAFT CORPORATION.

YOU PROTEST THE ADMINISTRATIVE DETERMINATION ON THE BASIS THAT THE SHORING SYSTEMS OFFERED BY EASTERN ROTORCRAFT CORPORATION ARE NOT EQUAL IN MATERIAL OR FUNCTION WITH THOSE SET FORTH ON THE TYPE PLANS. IT IS ALSO CONTENDED THAT BUREAU OF SHIPS TYPE PLANS 805-1749066 AND 805 1749067 DO NOT PERMIT DEVIATIONS THEREFROM.

WITH RESPECT TO WHETHER DEVIATIONS FROM THE BUREAU OF SHIPS TYPE PLANS WERE AUTHORIZED BY THE INVITATION, PARAGRAPH 2.1, QUOTED ABOVE, PROVIDES THAT "CONSTRUCTION OF THE NETS SHALL BE SIMILAR OR EQUAL TO THAT DETAILED ON BUSHIPS TYPE PLANS, ENCLOSURES 4, 5 AND 6.' ALSO, ENCLOSURES 1, 2 AND 3, REFERRED TO IN PARAGRAPH 2.1, PROVIDED THAT THE NETS SHALL BE "SIMILAR OR EQUAL" TO BUSHIPS TYPE PLANS REFERENCED AS NUMBERS 4, 5 AND 6. THUS IT IS CLEAR THAT DEVIATIONS FROM THE TYPE PLANS WERE AUTHORIZED.

IT IS CONTENDED THAT THE SHORING SYSTEMS OFFERED BY EASTERN ROTORCRAFT CORPORATION ARE NOT EQUAL IN APPEARANCE, FUNCTION OR STRENGTH TO THE REFERENCED TYPE PLANS BECAUSE (1) CERTAIN CABLES ARE SMALLER THAN THOSE SPECIFIED WITH CORRESPONDINGLY LESS STRENGTH, (2) THE INCREMENT OF LENGTH ADJUSTMENT IS GREATER, AND (3) THE DIAMOND MESH CONSTRUCTION CANNOT BE AS READILY TENSIONED AND IS NOT OTHERWISE EQUAL TO THE SQUARE MESH CONSTRUCTION SHOWN ON THE TYPE PLANS.

WITH RESPECT TO THE USE OF SMALLER SIZE CABLE THAN THAT REFERENCED ON THE TYPE PLANS, IT APPEARS THAT THIS MAY HAVE BEEN COMPENSATED FOR BY PLACING THE HORIZONTALS CLOSER TOGETHER IN BOTH TYPES OF NET ASSEMBLIES AND BY THE USE OF FOUR RATHER THAN THREE VERTICALS IN THE AMMUNITION NET ASSEMBLIES. IN THIS CONNECTION IT WAS DETERMINED THAT THE NET SHORING SYSTEMS OFFERED BY EASTERN ROTORCRAFT CORPORATION WILL PROVIDE SERVICE EQUAL TO THAT SPECIFIED ON THE TYPE PLANS. IT WAS FURTHER DETERMINED (1) THAT THE DIFFERENCE BETWEEN THE INCREMENTS OF ADJUSTMENT OF 1 INCH TO 9/16 INCH IS OF LITTLE OR NO SIGNIFICANCE IN A NET OF THE SIZE INVOLVED, (2) THAT SOME RETENSIONING MAY BE NECESSARY BUT THIS CAN BE READILY ACCOMPLISHED AND DOES NOT PRESENT A SIGNIFICANT PROBLEM, (3) THAT THE SUGGESTED WEAR ON THE FRAME WIRES CAUSED BY FRICTION OF THE SLIDING MESH WILL CERTAINLY BE NEGLIGIBLE AND OF LITTLE CONSEQUENCE AND DOES NOT WARRANT CONSIDERATION IN THE EVALUATION, (4) THAT THE DISTORTION OF THE DIAMOND MESH WILL NOT BE OF SUFFICIENT MAGNITUDE TO CAUSE PERMANENT DAMAGE TO THE NET, AND (5) THAT THE DIAMOND MESH PATTERN IS CONSIDERED TO HAVE EQUAL ABILITY TO RESTRAIN BULK CARGO AND BOXES AS THE 9 INCH SQUARE MESH SHOWN ON THE TYPE PLANS.

IT HAS BEEN HELD CONSISTENTLY THAT IT IS THE PROVINCE OF THE ADMINISTRATIVE AGENCY TO DRAFT SPECIFICATIONS SETTING FORTH ITS ACTUAL NEEDS AND TO DETERMINE WHETHER ARTICLES OFFERED MEET THE SPECIFICATION REQUIREMENTS. THE TERM "SIMILAR OR EQUAL" HAS BEEN CONSTRUED TO MEAN THAT AN ALTERNATE MUST BE EQUAL TO THE ITEM SPECIFIED, INSOFAR AS THE NEEDS OF THE AGENCY ARE CONCERNED, BUT NOT NECESSARILY AN EXACT DUPLICATE THEREOF IN DETAIL OR PERFORMANCE. 38 COMP. GEN. 291; 39 ID. 108.

SINCE IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE NET SHORING SYSTEM OFFERED BY WESTERN ROTORCRAFT CORPORATION WILL PROVIDE SERVICE EQUAL TO THAT SPECIFIED ON THE TYPE PLANS, WE FIND NO LEGAL BASIS TO OBJECT TO THE PROPOSED AWARD TO EASTERN ROTORCRAFT CORPORATION. ACCORDINGLY, YOUR PROTEST MUST BE DENIED.