B-152720, NOV. 29, 1963

B-152720: Nov 29, 1963

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THE BIDS WERE OPENED AS SCHEDULED ON OCTOBER 17. IT WAS FOUND THAT THE LOW BID HAD BEEN SUBMITTED BY THE NORTHERN LINE. WITH RESPECT TO THE SPARE PARTS LISTS IT IS PROVIDED IN PAGE 2 OF THE INVITATION AS FOLLOWS: "A PRICED LIST OF REPAIR PARTS SHALL BE FURNISHED WITH THE BID IN ACCORDANCE WITH PARAGRAPH 6.3 OF THE PURCHASE DESCRIPTION. "REPAIR PARTS IF DESIRED WILL BE PROCURED AT A LATER DATE.'. WHICH WILL BE SUFFICIENT TO SERVICE ONE SET OF EQUIPMENT FOR A PERIOD OF 2. SINCE THE COST AND IDENTIFICATION OF REPAIR PARTS ARE NOT TO BE CONSIDERED IN THE BID PRICE. WERE SOLICITED FOR INFORMATION PURPOSES ONLY AND DO NOT AFFECT THE QUALITY OR PRICE OF THE ITEMS BID ON. THE OMISSIONS HAVE NO BEARING ON THE RESPONSIVENESS OF THE LOW BID.

B-152720, NOV. 29, 1963

TO JERED INDUSTRIES, INC.:

WE REFER AGAIN TO YOUR TELEGRAM OF OCTOBER 17, 1963, CONFIRMED BY LETTER OF THE SAME DATE, PROTESTING THE PROPOSED AWARD TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. CG-01,045-A ISSUED SEPTEMBER 25, 1963, BY THE COAST GUARD FOR BUOY HANDLING EQUIPMENT.

THE BIDS WERE OPENED AS SCHEDULED ON OCTOBER 17, 1963, AND IT WAS FOUND THAT THE LOW BID HAD BEEN SUBMITTED BY THE NORTHERN LINE, MACHINE AND ENGINEERING COMPANY. YOU CONTEND THAT THE LOW BID SHOULD NOT BE REGARDED AS RESPONSIVE BECAUSE IT DID NOT CONTAIN AN ITEMIZED LIST OF REPAIR PARTS WITH UNIT PRICES AS PROVIDED BY THE TERMS OF THE INVITATION.

WITH RESPECT TO THE SPARE PARTS LISTS IT IS PROVIDED IN PAGE 2 OF THE INVITATION AS FOLLOWS:

"A PRICED LIST OF REPAIR PARTS SHALL BE FURNISHED WITH THE BID IN ACCORDANCE WITH PARAGRAPH 6.3 OF THE PURCHASE DESCRIPTION. DO NOT INCLUDE THE COST OF REPAIR PARTS IN THE BID PRICE OF ITEMS 1 (A) AND (A/B).

"REPAIR PARTS IF DESIRED WILL BE PROCURED AT A LATER DATE.'

PARAGRAPH 6.3 OF THE PURCHASE DESCRIPTION STATES:

"6.3 THE BIDDER SHALL SUBMIT WITH THE QUOTATION A LIST RECOMMENDED REPAIR PARTS INCLUDING UNIT PRICES, WHICH WILL BE SUFFICIENT TO SERVICE ONE SET OF EQUIPMENT FOR A PERIOD OF 2,000 HOURS OF OPERATION. * * *"

THE LOW BID, INSTEAD OF CONFORMING TO THE ABOVE REQUIREMENTS, SIMPLY INDICATED THAT THE TOTAL PRICE FOR THE RECOMMENDED REPAIR PARTS WOULD BE $2,350.00 PER SHIP SET.

THE CONTRACTING OFFICER, IN PROPOSING TO MAKE AN AWARD TO THE LOW BIDDER, TAKES THE POSITION THAT, SINCE THE COST AND IDENTIFICATION OF REPAIR PARTS ARE NOT TO BE CONSIDERED IN THE BID PRICE, WERE SOLICITED FOR INFORMATION PURPOSES ONLY AND DO NOT AFFECT THE QUALITY OR PRICE OF THE ITEMS BID ON, THE OMISSIONS HAVE NO BEARING ON THE RESPONSIVENESS OF THE LOW BID. CONTENDED BY THE CONTRACTING OFFICER, THE INFORMATION SOLICITED DOES NOT IN ANY WAY AFFECT THE EVALUATION OF THE BIDS. WHILE THE INVITATION INDICATES THAT THE SPARE PARTS MIGHT BE PURCHASED AT A LATER DATE, THE PRICES INCLUDED THEREFOR WOULD NOT BE BINDING UPON EITHER THE CONTRACTOR OR THE PURCHASING ACTIVITY AT SUCH LATER TIME. NEITHER CAN IT BE SAID THAT THE INFORMATION ON REPAIR PARTS COULD PROPERLY HAVE ANY OTHER BEARING ON THE SELECTION OF THE SUCCESSFUL BIDDER.

IN APPROPRIATE CIRCUMSTANCES WE HAVE TAKEN THE POSITION THAT THE FAILURE OF THE BIDDER TO SUBMIT SAMPLES OR DESCRIPTIVE LITERATURE IN THE FORM AND MANNER SET OUT BY THE TERMS OF THE INVITATION REQUIRED THE REJECTION OF THE BID. IN THOSE CASES, HOWEVER, THE RULE IS PREDICATED ON THE PROPOSITION THAT THE SAMPLE OR DESCRIPTIVE LITERATURE WOULD PLAY A PART IN ESTABLISHING THE SPECIFICATIONS APPLICABLE TO THE CONTRACT. IN THIS CASE THE INFORMATION AS TO SPARE PARTS CLEARLY WOULD HAVE NO EFFECT WHATEVER ON THE SPECIFICATIONS PERTAINING TO THE ITEMS UNDER PROCUREMENT.

IN ACCORDANCE WITH THE FOREGOING, WE FIND NO BASIS TO QUESTION THE VALIDITY OF THE PROPOSED AWARD. SEE 37 COMP. GEN. 529; B-129208, SEPTEMBER 24, 1956; B-146539, AUGUST 10, 1961. CF. B-143526, OCTOBER 24, 1960.