B-151439, JUL. 2, 1963
Highlights
INC.: REFERENCE IS MADE TO YOUR LETTER OF APRIL 29. BIDS WERE REQUESTED ON A QUANTITY OF 31 CW-413/FPS RADOMES AND 4 MK 530 ERECTION OUTFITS. THE DESTINATION OF THE ITEMS BEING PURCHASED WAS GRIFFISS AIR FORCE BASE AND THE INVITATION. CLEARLY PROVIDES THAT EACH BID WILL BE EVALUATED BY ADDING TO THE F.O.B. WHICH OBVIOUSLY IS THE ONLY METHOD OF DETERMINING THE ACTUAL COST TO THE GOVERNMENT. CLAUSE 42 OF THE INVITATION FOR BIDS READS AS FOLLOWS: "GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS EACH BID WILL BE EVALUATED TO THE DESTINATION SPECIFIED BY ADDING TO THE F.O.B. THE GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS ARE REQUIRED FOR DETERMINATION OF TRANSPORTATION COSTS. BIDDER MUST STATE THE WEIGHTS AND DIMENSIONS IN HIS BID OR IT WILL BE REJECTED.
B-151439, JUL. 2, 1963
TO PACIFIC PLASTICS COMPANY, INC.:
REFERENCE IS MADE TO YOUR LETTER OF APRIL 29, 1963, PROTESTING AWARD TO ANY OTHER BIDDER FOR THE NON-SET-ASIDE PORTION OF INVITATION FOR BIDS NO. 30-635-63-195, ISSUED BY ROME AIR MATERIAL AREA, GRIFFISS AIR FORCE BASE, NEW YORK.
BIDS WERE REQUESTED ON A QUANTITY OF 31 CW-413/FPS RADOMES AND 4 MK 530 ERECTION OUTFITS, F.O.B. ORIGIN. THE DESTINATION OF THE ITEMS BEING PURCHASED WAS GRIFFISS AIR FORCE BASE AND THE INVITATION, AS QUOTED BELOW, CLEARLY PROVIDES THAT EACH BID WILL BE EVALUATED BY ADDING TO THE F.O.B. ORIGIN PRICE ALL TRANSPORTATION COSTS TO SAID DESTINATION, WHICH OBVIOUSLY IS THE ONLY METHOD OF DETERMINING THE ACTUAL COST TO THE GOVERNMENT.
CLAUSE 42 OF THE INVITATION FOR BIDS READS AS FOLLOWS:
"GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS
EACH BID WILL BE EVALUATED TO THE DESTINATION SPECIFIED BY ADDING TO THE F.O.B. ORIGIN PRICE ALL TRANSPORTATION COSTS TO SAID DESTINATION. THE GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS ARE REQUIRED FOR DETERMINATION OF TRANSPORTATION COSTS. BIDDER MUST STATE THE WEIGHTS AND DIMENSIONS IN HIS BID OR IT WILL BE REJECTED. IF DELIVERED ITEMS EXCEED THE GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS, THE BIDDER AGREES THAT THE CONTRACT PRICE SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE TRANSPORTATION COSTS COMPUTED FOR EVALUATION PURPOSES BASED ON BIDDER'S GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS AND THE TRANSPORTATION COSTS THAT SHOULD HAVE BEEN USED FOR BID EVALUATION PURPOSES BASED ON CORRECT SHIPPING DATE.'
YOUR BID WAS IN THE AMOUNT OF $402,799.73 F.O.B. SEATTLE, WASHINGTON, AND TRANSPORTATION CHARGES TO DESTINATION WERE COMPUTED TO BE $34,431.45, BASED ON YOUR GUARANTEED MAXIMUM SHIPPING WEIGHTS, MAKING THE TOTAL COST $437,231.18. UNIVERSAL MOULDED FIBER GLASS CORPORATION BID $422,205.71 F.O.B. BRISTOL, VIRGINIA, LESS 1/2 OF 1 PERCENT DISCOUNT ($2,111.03) FOR PAYMENT IN 20 CALENDAR DAYS, AND TRANSPORTATION CHARGES TO DESTINATION, BASED ON UNIVERSAL'S GUARANTEED MAXIMUM SHIPPING WEIGHTS, WERE COMPUTED TO BE $4,934.96, MAKING THE TOTAL COST $425,029.64.
SINCE UNIVERSAL MOULDED FIBER GLASS CORPORATION WAS THE LOW RESPONSIBLE BIDDER, AWARD WAS PROPERLY MADE TO THAT CORPORATION. YOUR PROTEST MUST THEREFORE BE DENIED.