B-153937, APR. 30, 1964

B-153937: Apr 30, 1964

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TO QUARTERMASTER GENERAL OF THE MARINE CORPS: REFERENCE IS MADE TO LETTER CSG-BTV OF APRIL 3. THE SUBJECT CONTRACT WAS AWARDED AFTER THE RECEIPT AND EVALUATION OF BIDS RECEIVED UNDER INVITATION F 58-64 SCH: 93181-09045-64. COVERING THE PROCUREMENT OF A PRESSING UNIT WHICH THE SPECIFICATIONS PROVIDED SHOULD HAVE SIDE EXPANDERS AND BE DESIGNED FOR COMPLETE MACHINE PRESSING. THE PROTESTANT WAS THE LOWEST BIDDER. IT PRICE CONSIDERING THE TRADE-IN ALLOWANCE WAS $10. THE PRICE OF AMERICAN LAUNDRY MACHINE INDUSTRIES ON THE SAME BASIS WAS $10. THE TOTAL BID OF THE HIGH BIDDER WHICH DID NOT OFFER ANY TRADE-IN ALLOWANCE WAS $11. THE PROTESTANT'S BID WAS REJECTED BECAUSE ITS EQUIPMENT WAS DETERMINED NOT TO CONFORM TO THE SPECIFICATIONS IN THAT THE UNIT EMPLOYED EXPANDING AIR BAGS AND AIR DRIED PART OF THE ARTICLE TO BE PRESSED INSTEAD OF PRESSING IT.

B-153937, APR. 30, 1964

TO QUARTERMASTER GENERAL OF THE MARINE CORPS:

REFERENCE IS MADE TO LETTER CSG-BTV OF APRIL 3, 1964, FORWARDING FOR CONSIDERATION THE PROTEST OF LAUNDRY EQUIPMENT ASSOCIATES, INC., AGAINST THE AWARD OF CONTRACT N67001-7781 TO AMERICAN LAUNDRY MACHINE INDUSTRIES.

THE SUBJECT CONTRACT WAS AWARDED AFTER THE RECEIPT AND EVALUATION OF BIDS RECEIVED UNDER INVITATION F 58-64 SCH: 93181-09045-64, COVERING THE PROCUREMENT OF A PRESSING UNIT WHICH THE SPECIFICATIONS PROVIDED SHOULD HAVE SIDE EXPANDERS AND BE DESIGNED FOR COMPLETE MACHINE PRESSING. THE INVITATION FURTHER SOLICITED BIDDERS TO PROVIDE AN ALLOWANCE FOR AN OLD PRESSING UNIT OFFERED IN TRADE AND PROVIDED THAT THE ALLOWANCE WOULD BE CONSIDERED A PART OF THE BID.

THREE COMPANIES SUBMITTED BIDS TO SUPPLY THE PRESSING UNIT. THE TWO LOWEST BIDDERS MADE OFFERS FOR THE EQUIPMENT OFFERED IN TRADE. THE THIRD BIDDER DID NOT. THE PROTESTANT WAS THE LOWEST BIDDER. IT PRICE CONSIDERING THE TRADE-IN ALLOWANCE WAS $10,550. THE PRICE OF AMERICAN LAUNDRY MACHINE INDUSTRIES ON THE SAME BASIS WAS $10,955. THE TOTAL BID OF THE HIGH BIDDER WHICH DID NOT OFFER ANY TRADE-IN ALLOWANCE WAS $11,640.

THE PROTESTANT'S BID WAS REJECTED BECAUSE ITS EQUIPMENT WAS DETERMINED NOT TO CONFORM TO THE SPECIFICATIONS IN THAT THE UNIT EMPLOYED EXPANDING AIR BAGS AND AIR DRIED PART OF THE ARTICLE TO BE PRESSED INSTEAD OF PRESSING IT. THE PROTESTANT COUNTERED THAT ITS EQUIPMENT MEETS THE SPECIFICATIONS AND THAT ITS UNITS ARE USED EXTENSIVELY IN GOVERNMENT FACILITIES WITH NO KNOWN COMPLAINTS.

IN 17 COMP. GEN. 554, 557, OUR OFFICE STATED THAT IT IS THE PROVINCE OF ADMINISTRATIVE OFFICERS TO DRAFT PROPER SPECIFICATIONS AND TO DETERMINE FACTUALLY WHETHER ARTICLES MEET THOSE SPECIFICATIONS. MOREOVER, EACH SERVICE AND AGENCY GENERALLY HAS THE PREROGATIVE TO STATE SPECIFICATIONS TO MEET ITS PARTICULAR REQUIREMENTS. SINCE YOU HAVE ADMINISTRATIVELY DETERMINED THAT THE LOW BIDDER'S EQUIPMENT FAILS TO MEET THE SPECIFICATIONS IN ESSENTIAL PARTICULARS, OUR OFFICE HAS NO OBJECTION TO THE REJECTION OF THE LOW BID.