B-154055, JUL. 23, 1964

B-154055: Jul 23, 1964

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THE GENERATOR SYSTEMS TO BE FURNISHED WERE TO BE IN ACCORDANCE WITH MIL-G 21480. BIDDERS WERE ADVISED THAT "COPIES OF MS 28119 WILL BE AVAILABLE FOR VIEWING AT THE FOLLOWING LOCATION: NAVY PURCHASING OFFICE. IT WAS ALSO PROVIDED THAT THE GENERATOR SYSTEMS WERE TO BE QUALIFIED PRODUCTS. THE REQUIRED GENERATOR SYSTEMS WERE PROCURED FROM GENERAL ELECTRIC ON A SOLE-SOURCE BASIS. THE PROPOSED BENDIX GENERATOR SYSTEM WAS TESTED AND QUALIFIED UNDER MIL-G-21480 ON MARCH 30. GENERAL ELECTRIC AND BENDIX EACH SUBMITTED BIDS UNDER THE INVITATION AND BIDS WERE OPENED ON APRIL 23. BENDIX WAS THE LOW BIDDER AT $2. GENERAL ELECTRIC WAS ADVISED THAT REVISION "C" DATED MAY 16. WAS THE LATEST REVISION.

B-154055, JUL. 23, 1964

TO GENERAL ELECTRIC COMPANY:

BY LETTERS DATED APRIL 27 AND JUNE 23, 1964, YOU PROTESTED AGAINST THE CONSIDERATION OF THE BID SUBMITTED BY THE BENDIX CORPORATION UNDER INVITATION FOR BIDS NO. 600-874-64, ISSUED BY THE NAVY PURCHASING OFFICE,WASHINGTON, D.C.

THE INVITATION DATED APRIL 3, 1964, REQUESTED BIDS FOR 144 GENERATOR SYSTEMS AND ASSOCIATED PARTS, PUBLICATIONS, DRAWINGS, AND DATA. THE GENERATOR SYSTEMS TO BE FURNISHED WERE TO BE IN ACCORDANCE WITH MIL-G 21480, WEPS AMENDMENT 1, AUGUST 29, 1961, AND MILITARY STANDARD (MS) 28119. BIDDERS WERE ADVISED THAT "COPIES OF MS 28119 WILL BE AVAILABLE FOR VIEWING AT THE FOLLOWING LOCATION: NAVY PURCHASING OFFICE, 4TH AND INDEPENDENCE AVENUE, S.W., WASHINGTON, D.C.' IT WAS ALSO PROVIDED THAT THE GENERATOR SYSTEMS WERE TO BE QUALIFIED PRODUCTS, TESTED AND APPROVED FOR INCLUSION ON QPL-MIL-G-21480 PRIOR TO THE TIME SET FOR BID OPENING. PRIOR TO THIS INVITATION, THE REQUIRED GENERATOR SYSTEMS WERE PROCURED FROM GENERAL ELECTRIC ON A SOLE-SOURCE BASIS. HOWEVER, THE PROPOSED BENDIX GENERATOR SYSTEM WAS TESTED AND QUALIFIED UNDER MIL-G-21480 ON MARCH 30, 1964.

GENERAL ELECTRIC AND BENDIX EACH SUBMITTED BIDS UNDER THE INVITATION AND BIDS WERE OPENED ON APRIL 23, 1964. BENDIX WAS THE LOW BIDDER AT $2,660 PER UNIT AS COMPARED TO THE $2,804 PER UNIT BID BY GENERAL ELECTRIC. DIRECTED BY THE INVITATION, GENERAL ELECTRIC CONTACTED THE NAVY PURCHASING OFFICE AND REQUESTED THE LATEST REVISION DATE OF MS 28119. GENERAL ELECTRIC WAS ADVISED THAT REVISION "C" DATED MAY 16, 1963, WAS THE LATEST REVISION. THIS INFORMATION WAS ERRONEOUS SINCE REVISION "D" WAS ISSUED ON MARCH 19, 1964. WE ARE ADVISED THAT REVISION "C" INDICATED THE USE OF A STATIC EXCITER AS A COMPONENT OF THE GENERATOR SYSTEM, WHEREAS REVISION "D" INDICATED THE USE OF A STATIC EXCITER/ADAPTER AS A COMPONENT.

GENERAL ELECTRIC PROTESTED AT BID OPENING THAT THE BID OF BENDIX DID NOT CONFORM TO THE INVITATION AND WAS PREJUDICIAL TO GENERAL ELECTRIC SINCE ITS BID CONSTITUTED A VARIATION FROM THE EXACT REQUIREMENTS OF THE INVITATION SPECIFICATIONS AND DRAWINGS (MS 28119). IN VIEW THEREOF, THE PROCUREMENT OFFICE REQUESTED BENDIX ON MAY 1, 1964, TO CONFIRM ITS PRICE AND THAT ITS QUALIFIED PRODUCT WAS IN ACCORDANCE WITH SPECIFICATION MIL-G- 21480, WEPS AMENDMENT 1 OF AUGUST 29, 1961, AND MS 28119, REVISION "C," DATED MAY 16, 1963. ON MAY 4, 1964, BENDIX CONFIRMED ITS BID PRICE AND ADVISED THAT ITS QUALIFIED PRODUCT CONFORMED TO THE SPECIFICATION AND MS 28119, REVISION "D.' BENDIX STATED THAT REVISION "D" WAS PROVIDED TO IT BY THE BUREAU OF NAVAL WEAPONS WHICH WAS RESPONSIBLE FOR THE QPL.

WE UNDERSTAND THAT THE GENERAL ELECTRIC SYSTEM IS OF THE BRUSH-TYPE WHICH HAD BEEN QUALIFIED AND APPROVED, AND THAT THE BENDIX SYSTEM IS OF THE BRUSHLESS-TYPE WHICH HAD BEEN QUALIFIED AND APPROVED. WE FURTHER UNDERSTAND THAT REVISION "C" COVERED BRUSH-TYPE SYSTEMS AND THAT REVISION ,D" PERMITS THE FURNISHING OF EITHER A BRUSH-TYPE OR BRUSHLESS-TYPE PROVIDED EITHER TYPE HAD BEEN QUALIFIED AND APPROVED FOR LISTING ON THE QPL. AS STATED IN YOUR LETTER OF JUNE 23, 1964, REVISION "D" EFFECTED FURTHER CHANGES IN THE GENERATOR SYSTEM SO FAR AS CERTAIN MAXIMUM TOLERANCES WERE CONCERNED. HENCE, THE GENERAL ELECTRIC QUALIFIED AND APPROVED SYSTEM MEETS BOTH REVISIONS "C" AND "D," WHEREAS THE BENDIX QUALIFIED AND APPROVED SYSTEM MEETS REVISION "D" ONLY. HOWEVER, A BID SUBMITTED BY GENERAL ELECTRIC PROPOSING TO FURNISH A BRUSHLESS-TYPE SYSTEM ONLY UNDER REVISION "D" WOULD HAVE BEEN NONRESPONSIVE SINCE THAT SYSTEM HAD NOT BEEN PREVIOUSLY QUALIFIED BY GENERAL ELECTRIC AND APPROVED FOR LISTING ON THE QPL. IT IS EQUALLY TRUE THAT A BID BY BENDIX BASED ON THE BRUSHLESS-TYPE SYSTEM WOULD HAVE BEEN NONRESPONSIVE UNDER REVISION "C" SINCE ITS SYSTEM WAS QUALIFIED AND APPROVED UNDER REVISION"D" AS A BRUSHLESS-TYPE.

WHILE IT MIGHT HAVE BEEN PREFERABLE TO ADVISE BIDDERS IN ADVANCE OF THE MS 28119 REVISIONS APPLICABLE TO THIS PROCUREMENT, IT IS EVIDENT THAT A BIDDER OFFERING ITS QUALIFIED PRODUCT WOULD BE RESPONSIVE TO THE INVITATION. IT IS ALSO APPARENT THAT SINCE BOTH BIDS WERE FULLY RESPONSIVE, THE ONLY CONSIDERATION THEN REMAINING WAS THAT OF PRICE. WHETHER THE BID OF GENERAL ELECTRIC WOULD HAVE BEEN DIFFERENT HAD IT BEEN AWARE OF REVISION "D" IS SPECULATIVE. IN ANY EVENT, THE MINIMUM NEEDS OF THE GOVERNMENT WOULD HAVE BEEN MET EITHER UNDER REVISIONS "C" OR "D.' THEREFORE DO NOT BELIEVE THAT GENERAL ELECTRIC WAS PREJUDICED BY CONSIDERATION OF THE BID OF BENDIX SINCE BOTH BIDDERS WERE COMPETING ON AN EQUAL BASIS UNDER ADVERTISED SPECIFICATIONS WHICH ENABLED BOTH BIDDERS TO OFFER SYSTEMS PREVIOUSLY TESTED AND APPROVED FOR INCLUSION IN THE APPLICABLE QPL.

ON MAY 28, 1964, WE WERE ADVISED BY THE PROCUREMENT OFFICE THAT A PROPOSED AWARD OF A CONTRACT TO BENDIX WAS SUBMITTED FOR APPROVAL DURING THE WEEK OF JUNE 1, 1964. THIS ACTION WAS TAKEN BECAUSE GENERATOR SYSTEMS ARE URGENTLY NEEDED TO MEET PRODUCTION AIRCRAFT SCHEDULES. WE SEE NO LEGAL BASIS TO QUESTION SUCH ACTION SINCE AN AWARD TO BENDIX WOULD MEET THE CRITERIA OF 10 U.S.C. 2305 (C) THAT AWARDS OF MILITARY CONTRACTS BE MADE TO THAT RESPONSIBLE BIDDER WHOSE BID, CONFORMING TO THE INVITATION, WILL BE MOST ADVANTAGEOUS TO THE UNITED STATES, PRICE AND OTHER ..END :