B-152068, FEB. 17, 1964

B-152068: Feb 17, 1964

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FOUR BIDS WERE RECEIVED AND OPENED ON APRIL 9. WHILE YOU STATE THAT A JOINT BID WAS SUBMITTED BY YOUR COMPANY AND BENDIX. THE BID PAPERS ESTABLISH THAT THE BID WAS SUBMITTED BY BENDIX ONLY. THE ONLY REFERENCE IN THE BENDIX BID TO YOUR COMPANY WAS MADE ON PAGE 6 OF THE BID WHERE BENDIX ADVISED THAT THE PRODUCTION POINT FOR THE ITEM WAS BOTH THE BENDIX CORPORATION. AS YOU HAVE INDICATED. YOU ARE NOT ENTITLED TO RECEIVE A DECISION FROM THIS OFFICE AS TO THE PROPRIETY OF THE AWARD. IT IS A MATTER OF RECORD. SHOULD NOT HAVE BEEN REJECTED WITHOUT FIRST REFERRING THE MATTER TO SBA FOR THE POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY. IS CLASSIFIED AS A LARGE BUSINESS CONCERN AND. IS NOT AFFORDED THE CERTIFICATE OF COMPETENCY PROCEDURE.

B-152068, FEB. 17, 1964

TO ELECTRO-NEUTRONICS, INC.:

BY LETTER DATED AUGUST 15, 1963, YOU PROTESTED AGAINST THE AWARD OF A CONTRACT TO THE VICTOREEN INSTRUMENT COMPANY UNDER INVITATION FOR BIDS NO. FPNVH-Z-48237/2/-A-3-19-63, ISSUED BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION (GSA), ON JANUARY 15, 1963, FOR 77,000 RADIOLOGICAL SURVEY METERS IN ACCORDANCE WITH SPECIFICATION CDV-717 AS REVISED.

FOUR BIDS WERE RECEIVED AND OPENED ON APRIL 9, 1963, AND IT APPEARED THAT THE BENDIX CORPORATION SUBMITTED THE LOWEST BID IN THE AMOUNT OF $27.46 PER UNIT, AND THE VICTOREEN INSTRUMENT COMPANY SUBMITTED THE NEXT LOW BID OF $30.82 PER UNIT, FOLLOWED BY THE BIDS OF THE EON CORPORATION AND LIONEL ELECTRONIC LABORATORIES, INC. WHILE YOU STATE THAT A JOINT BID WAS SUBMITTED BY YOUR COMPANY AND BENDIX, THE BID PAPERS ESTABLISH THAT THE BID WAS SUBMITTED BY BENDIX ONLY. THE ONLY REFERENCE IN THE BENDIX BID TO YOUR COMPANY WAS MADE ON PAGE 6 OF THE BID WHERE BENDIX ADVISED THAT THE PRODUCTION POINT FOR THE ITEM WAS BOTH THE BENDIX CORPORATION, CINCINNATI DIVISION AND YOUR COMPANY. WE THEREFORE CANNOT AGREE THAT YOUR COMPANY SUBMITTED A JOINT BID WITH BENDIX.

AS YOU HAVE INDICATED, BENDIX HAS NOT SEEN FIT TO SUBMIT A PROTEST ON THE REJECTION OF ITS LOW BID. UNDER THE CIRCUMSTANCES, YOU ARE NOT ENTITLED TO RECEIVE A DECISION FROM THIS OFFICE AS TO THE PROPRIETY OF THE AWARD.

IT IS A MATTER OF RECORD, HOWEVER, THAT IN OUR DECISION TO THE GENERAL SERVICES ADMINISTRATION OF DECEMBER 4, 1963, B-152027, COPY ENCLOSED, WE CONSIDERED A PROTEST AGAINST THE CDV-742 AWARD MADE TO BENDIX UNDER ITEM NO. 2 OF THIS INVITATION. WE CONCLUDED THAT THE LOW BID, WHICH WE FOUND HAD BEEN REJECTED SOLELY BECAUSE THE BIDDER'S SAMPLES HAS FAILED TO ESTABLISH THAT THE BIDDER HAD THE CAPABILITY TO MANUFACTURE THE REQUIRED ITEMS, SHOULD NOT HAVE BEEN REJECTED WITHOUT FIRST REFERRING THE MATTER TO SBA FOR THE POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY. BENDIX, OF COURSE, IS CLASSIFIED AS A LARGE BUSINESS CONCERN AND, AS SUCH, IS NOT AFFORDED THE CERTIFICATE OF COMPETENCY PROCEDURE.