B-154739, OCT. 1, 1964

B-154739, OCT. 1, 1964

ARLINGTON SALES AGENCY, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 14, 1964, PROTESTING AGAINST THE AWARD OF A CONTRACT TO A HIGHER BIDDER UNDER INVITATION FOR BIDS FPNSP-6FS3712.

THE INVITATION WAS ISSUED ON APRIL 24, 1964, AND OPENED MAY 14, 1964. CALLED FOR AN INDEFINITE QUANTITY TERM CONTRACT FOR PAPER, TOILET TISSUE, FOR THE PERIOD AUGUST 1, 1964, THROUGH JANUARY 31, 1965. YOU WERE THE LOW BIDDER FOR ITEMS 37 AND 38 COVERING PAPER, TOILET, TYPE II, DOUBLE FOLD SHEET FOR USE IN DISPENSERS, FOR A TOTAL ESTIMATED AND INDEFINITE VALUE OF $26,943. YOU DID NOT FURNISH THE NAME AND LOCATION OF THE MANUFACTURER OF THE SUPPLIES OFFERED, AS CALLED FOR BY THE INVITATION FORM, HOWEVER YOU SPECIFIED YOUR WAREHOUSE (1470 BOSTON ROAD, BRONX) AS "INSPECTION POINT.'

THE PLANT FACILITY REPORT FURNISHED BY THE GOVERNMENT QUALITY CONTROL REPRESENTATIVE CONCLUDED THAT YOU DO NOT HAVE THE CAPABILITY OF PERFORMING THE INSPECTION REQUIREMENTS OF THE CONTRACT (SPECIFICALLY, PARAGRAPH 2 OF GSA FORM 1424A). WHILE THE REPORT INDICATES THAT YOU PROPOSE TO OBTAIN PAPER FROM CROWN ZELLERBACH CORPORATION, CARTHAGE, NEW YORK, AND TO FURNISH TEST REPORTS FROM THAT COMPANY ON ALL SHIPMENTS, YOU PRESENT YOUR OWN WAREHOUSE IN BRONX AS THE FINAL END PRODUCT INSPECTION POINT. IN THIS CONNECTION, THE RECORD INDICATES YOU DID NOT REQUEST A STANDARD COMPARISON SAMPLE REQUIRED BY THE INVITATION TO BE USED AS A STANDARD FOR WORKMANSHIP AND VISUAL CHARACTERISTICS DESIRED, AND DID NOT FURNISH SATISFACTORY ASSURANCE TO THE QUALITY CONTROL REPRESENTATIVE THAT THE MATERIAL WHICH YOU PROPOSED TO FURNISH WOULD, IN FACT, BE EQUAL TO THE STANDARD COMPARISON SAMPLE. THUS, IT APPEARS THAT YOU DID NOT TAKE THIS FACTOR INTO CONSIDERATION WHEN SUBMITTING YOUR BID; IN FACT, IN A LETTER DATED JUNE 24, 1964 (AFTER BID OPENING) YOU STATED: "WE CANNOT UNDERTAKE TO MATCH A SAMPLE OF ROLL TOILET TISSUE," WHICH IS THE OFFICIAL STANDARD COMPARISON SAMPLE FOR VISUAL CHARACTERISTICS UNDER THE INVITATION HERE INVOLVED.

IN ADDITION, IT IS REPORTED THAT THE PRIOR RECORD OF REJECTION OF NONSPECIFICATION MATERIAL AT YOUR FACILITY BY GOVERNMENT QUALITY CONTROL REPRESENTATIVES EMPHASIZES THE CRITICAL NATURE OF INSPECTION FACILITIES.

IN VIEW OF THE FOREGOING, WE CANNOT DISREGARD THE ADMINISTRATIVE DETERMINATION THAT YOU DO NOT MEET THE CRITERIA OF FEDERAL PROCUREMENT REGULATIONS 1-1.310.5, AND THEREFORE MAY NOT BE REGARDED AS A RESPONSIBLE BIDDER. SUCH DETERMINATIONS ARE PRIMARILY THE RESPONSIBILITY OF THE PROCURING AGENCY, AND OUR OFFICE MAY NOT PROPERLY TAKE EXCEPTION TO THEM UNLESS THEY ARE CLEARLY ARBITRARY OR NOT SUPPORTED BY SUBSTANTIAL GROUNDS. THE RECORD DOES NOT INDICATE SUCH TO BE THE CASE IN THE INSTANT PROCUREMENT AND YOUR PROTEST MUST THEREFORE BE DENIED.