B-154633, SEP. 8, 1964

B-154633: Sep 8, 1964

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO METALAB EQUIPMENT COMPANY: WE HAVE RECEIVED YOUR TELEGRAM DATED JULY 2. BIDS WERE SOLICITED FOR THE FURNISHING. WAS DECLARED NONRESPONSIVE FOR FAILURE TO INCLUDE DESCRIPTIVE MATERIAL. DRAWINGS BE SUBMITTED AS PART OF THE BID IS SET FORTH IN A CLAUSE ENTITLED "BRAND NAME OR EQUAL" APPEARING ON PAGE 8 OF THE INVITATION. SEE FEDERAL PROCUREMENT REGULATIONS 1-1.307-6 UPON WHICH THE INCLUSION OF THIS PROVISION IS PREDICATED. THE IMPORTANCE OF CONFORMING WITH THE REQUIREMENT WAS EMPHASIZED IN THE PARAGRAPH "BRAND NAME OR EQUAL" ON PAGE 22 OF THE INVITATION WHICH CAUTIONED ALL BIDDERS TO COMPLY WITH THE CLAUSE ON PAGE 8. THE PURPOSE OF REQUIRING DATE TO BE SUBMITTED WITH A BID IS TO PERMIT A DETERMINATION BY THE PROCURING AGENCY OF PRECISELY WHAT THE BIDDER PROPOSES TO FURNISH AND WHAT THE GOVERNMENT WOULD BE BINDING ITSELF TO ACCEPT BY MAKING AN AWARD. 41 COMP.

B-154633, SEP. 8, 1964

TO METALAB EQUIPMENT COMPANY:

WE HAVE RECEIVED YOUR TELEGRAM DATED JULY 2, 1964, PROTESTING THE REJECTION OF YOUR BID ON INVITATION FOR BIDS NO. 3506 ISSUED JUNE 10, 1964, BY THE DEPARTMENT OF THE INTERIOR, GEOLOGICAL SURVEY.

BIDS WERE SOLICITED FOR THE FURNISHING, DELIVERING, AND INSTALLATION OF TWO ITEMS OF LABORATORY FURNITURE (CONSTANT VOLUME HOODS, SHELDON CAT. NO. D-9214-S, OR EQUAL; AND AN L-SHAPED WALL TABLE ASSEMBLY, WITH SHELSTONE, OR EQUAL TOPS AND WORKING SURFACE).

THE RECORD BEFORE US SHOWS THAT YOUR LOW BID, WHICH OFFERED UNITS OF YOUR OWN MAKE, WAS DECLARED NONRESPONSIVE FOR FAILURE TO INCLUDE DESCRIPTIVE MATERIAL, AS REQUIRED BY THE TERMS OF THE INVITATION, SUFFICIENT TO IDENTIFY THE PRODUCTS YOU INTENDED TO DELIVER UNDER THE CONTRACT AS THE EQUAL OF THE NAMED BRAND. YOU CONTEND THAT YOUR SUBMISSION OF DRAWINGS WITHIN TWENTY DAYS AFTER RECEIPT OF A NOTICE OF AWARD IN ACCORDANCE WITH THE PROVISION ON PAGE 21 OF THE INVITATION, ENTITLED "TIME OF DELIVERY, INSTALLATION, ETC., " SHOULD BE SUFFICIENT FOR THE PURPOSES OF THE GOVERNMENT AND SHOULD OVERRIDE THE REQUIREMENT THAT DESCRIPTIVE LITERATURE BE SUBMITTED WITH BIDS.

THE REQUIREMENT THAT DESCRIPTIVE MATERIALS SUCH AS CUTS, ILLUSTRATIONS, AND DRAWINGS BE SUBMITTED AS PART OF THE BID IS SET FORTH IN A CLAUSE ENTITLED "BRAND NAME OR EQUAL" APPEARING ON PAGE 8 OF THE INVITATION. SEE FEDERAL PROCUREMENT REGULATIONS 1-1.307-6 UPON WHICH THE INCLUSION OF THIS PROVISION IS PREDICATED. THE IMPORTANCE OF CONFORMING WITH THE REQUIREMENT WAS EMPHASIZED IN THE PARAGRAPH "BRAND NAME OR EQUAL" ON PAGE 22 OF THE INVITATION WHICH CAUTIONED ALL BIDDERS TO COMPLY WITH THE CLAUSE ON PAGE 8. UNLIKE THE STIPULATION FOR THE DELIVERY OF DRAWINGS WHICH MUST BE REGARDED AS AN OBLIGATION OF THE CONTRACT ITSELF, THE PURPOSE OF REQUIRING DATE TO BE SUBMITTED WITH A BID IS TO PERMIT A DETERMINATION BY THE PROCURING AGENCY OF PRECISELY WHAT THE BIDDER PROPOSES TO FURNISH AND WHAT THE GOVERNMENT WOULD BE BINDING ITSELF TO ACCEPT BY MAKING AN AWARD. 41 COMP. GEN. 366, 368; 39 ID. 595, 598; 38 ID. 345, 348; 36 ID. 415, 416. WE HAVE HELD THE FAILURE TO COMPLY WITH THE LATTER REQUIREMENT A MATERIAL DEFECT IN THE BID WHICH NECESSITATES ITS REJECTION AS NONRESPONSIVE. 40 COMP. GEN. 132.

SINCE YOUR BID WAS NOT IN CONFORMITY WITH THE REASONABLE REQUIREMENTS OF THE INVITATION FOR BIDS, WE CONCLUDE THAT ITS REJECTION WAS NOT IMPROPER. IN THIS CONNECTION YOUR ATTENTION IS INVITED TO SECTION 303 (B) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, 41 U.S.C. 253 (B), WHICH PROVIDES FOR AWARD OF A CONTRACT AFTER ADVERTISING TO THAT RESPONSIBLE BIDDER WHOSE BID CONFORMS TO THE INVITATION FOR BIDS.