B-152377, OCT. 9, 1963

B-152377: Oct 9, 1963

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THIS INVITATION FOR BIDS WAS ISSUED ON JUNE 21. IT WAS DISCOVERED THAT THE INVITATION FOR BIDS HAD BEEN ERRONEOUSLY DISTRIBUTED DURING THE MAILING PROCESS. 24 "NO BID" LETTERS WERE RECEIVED FROM COMPANIES ON A MAILING LIST FOR AIR CONDITIONERS. WHICH WAS ALSO MAILED ON JUNE 21. WHICH WAS FOR PROCUREMENT OF AIR CONDITIONING UNITS. ONLY FOUR BIDS WERE RECEIVED FROM A POTENTIAL LIST OF 91 FIRMS ON THE MAILING LIST FOR CUBICLE CURTAINS. ONLY THREE BIDS FROM A LIST OF 143 POTENTIAL SUPPLIERS WERE RECEIVED ON AIR CONDITIONERS. WA-NH-R-B2916 AND BIDDERS WERE ACCORDINGLY NOTIFIED TO THAT EFFECT BY TELEGRAM ON AUGUST 23. YOUR PROTEST IS DENIED.

B-152377, OCT. 9, 1963

TO JOSEPH BURRIER CORPORATION:

IN YOUR TELEGRAM OF AUGUST 27, 1963, YOU PROTEST THE HANDLING OF INVITATION FOR BIDS NO. WA-NH-R-B2916 BY GENERAL SERVICES ADMINISTRATION, AND THAT AGENCY'S INTENTION TO REISSUE THE INVITATION.

THIS INVITATION FOR BIDS WAS ISSUED ON JUNE 21, 1963, FOR OPENING ON JULY 17, 1963, FOR THE FURNISHING AND INSTALLATION OF CUBICLE CURTAINS AT ST. ELIZABETHS HOSPITAL, WASHINGTON, D.C. SUBSEQUENT TO THE BID OPENING, IT WAS DISCOVERED THAT THE INVITATION FOR BIDS HAD BEEN ERRONEOUSLY DISTRIBUTED DURING THE MAILING PROCESS. IN RESPONSE TO THE INVITATION FOR CURTAINS, 24 "NO BID" LETTERS WERE RECEIVED FROM COMPANIES ON A MAILING LIST FOR AIR CONDITIONERS. ON INVITATION NO. WA NH-R-A9703, WHICH WAS ALSO MAILED ON JUNE 21, BUT WHICH WAS FOR PROCUREMENT OF AIR CONDITIONING UNITS, THE AGENCY RECEIVED THREE "NO BID" RESPONSES FROM FIRMS ON THE MAILING LIST FOR CUBICLE CURTAINS.

ONLY FOUR BIDS WERE RECEIVED FROM A POTENTIAL LIST OF 91 FIRMS ON THE MAILING LIST FOR CUBICLE CURTAINS. ONLY THREE BIDS FROM A LIST OF 143 POTENTIAL SUPPLIERS WERE RECEIVED ON AIR CONDITIONERS. THE AGENCY DETERMINED THAT THIS RESULT INDICATED INCOMPLETE COMPETITION FOR BOTH TRANSACTIONS. FURTHERMORE, AFTER BID OPENING, THE REQUISITIONING OFFICE REQUESTED THAT SPECIFICATIONS BE CHANGED TO READ THAT ONLY TWO COLORS OF CURTAINS BE INSTALLED IN A WARD RATHER THAN FOUR MIXED COLORS; AND THAT ALUMINUM OR NICKEL PLATED BRASS GROMMETS AS WELL AS VINYL GROMMETS WOULD BE ACCEPTABLE. THEREFORE, THE AGENCY REJECTED ALL BIDS SUBMITTED ON INVITATION FOR BIDS NO. WA-NH-R-B2916 AND BIDDERS WERE ACCORDINGLY NOTIFIED TO THAT EFFECT BY TELEGRAM ON AUGUST 23, 1963.

FROM THE FOREGOING, IT APPEARS THAT THE PROCURING AGENCY HAD OBTAINED INADEQUATE COMPETITION FOR AN AWARD UNDER SPECIFICATIONS WHICH THE AGENCY REGARDED AS EXCESSIVE IN RELATION TO REEVALUATED ACTUAL NEEDS. UNDER THESE CIRCUMSTANCES, WE FIND NO LEGAL OBJECTION TO THE AGENCY EXERCISING THE RIGHT IT HAD RESERVED, UNDER PARAGRAPH 8 (B) OF THE TERMS AND CONDITIONS OF THE INVITATION FOR BIDS, TO REJECT ALL BIDS, NOR TO ITS DETERMINATION TO READVERTISE FOR NEW BIDS FROM ALL POTENTIAL SUPPLIERS. ACCORDINGLY, YOUR PROTEST IS DENIED.