B-154914, OCT. 21, 1964

B-154914, OCT. 21, 1964

TO RESE ENGINEERING, INC.:

REFERENCE IS MADE TO YOUR TELEGRAM OF AUGUST 7, 1964, AND YOUR LETTER OF AUGUST 13, 1964, PROTESTING THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. S-4228 ISSUED BY THE GODDARD SPACE FLIGHT CENTER, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ON MAY 27, 1964.

THE INVITATION SOLICITED BIDS TO BE OPENED ON JUNE 11, 1964, FOR FURNISHING FOUR UNITS OF CORE MEMORY IN ACCORDANCE WITH CERTAIN SPECIFICATIONS AND AS DESCRIBED ON PAGE 12 OF THE INVITATION AS FOLLOWS:

"CORE MEMORY, RANDOM-SEQUENTIAL ADDRESSING COINCIDENT CURRENT. COMPUTER CONTROL MODEL TCM 32. AS MODIFIED, OR EQUAL, IN ACCORDANCE WITH THE FOLLOWING SALIENT SPECIFICATIONS: "

EIGHT BIDS WERE RECEIVED RANGING IN PRICE FROM $23,880 TO $75,000. YOU WERE THE LOW BIDDER OFFERING YOUR 6500 SERIES MEMORY AS DESCRIBED IN YOUR LETTER OF JUNE 5, 1964.

AFTER THE BIDS WERE OPENED EACH BID WAS EXAMINED FOR CONFORMANCE TO THE REQUIREMENTS OF THE INVITATION FOR BIDS AND FOR POSITIVE IDENTIFICATION BY THE GOVERNMENT AS TO WHAT IT WOULD RECEIVE IN THE EVENT OF AN AWARD. THE CONTRACTING OFFICER FOUND YOUR BID TO BE NONRESPONSIVE TO THE REQUIREMENTS IN THE FOLLOWING AREAS:

"1. DEVIATION FROM THE REQUIRED INPUT VOLTAGES

"2. OMISSION OF REQUIRED DATA REGISTERS

"3. FAILURE TO OFFER AN "INFORMATION READY SIGNAL"

"4. AN AMBIGUOUS OFFER IN RESPECT TO THE CONFLICT BETWEEN THE REQUIREMENT FOR PANEL PUSHBUTTONS AND THE APPARENT OFFER OF TOGGLE SWITCHES

"5. SUBMISSION OF INSUFFICIENT INFORMATION TO CONFORM TO THE REQUIREMENT OF INVITATION FOR BID WHEREIN A DETERMINATION OF THE GENERAL CHARACTERISTICS OF AN OFFERED PRODUCT IS REQUIRED BY THE BRAND NAME CLAUSE.'

ALSO, THE CONTRACTING OFFICER STATED THAT THE DEFICIENCIES IN YOUR BID WERE NOT CONSIDERED PROPER FOR CLARIFICATION FROM YOU SINCE THAT WOULD HAVE PUT YOU IN A POSITION, AFTER BID OPENING, EITHER TO QUALIFY OR DISQUALIFY YOUR BID AS YOU MIGHT CHOOSE. FURTHERMORE, GENERAL STATEMENTS PURPORTING TO MEET THE REQUIREMENTS OF THE INVITATION COULD NOT BE CONSIDERED SINCE THERE WERE SOME SPECIFIC CONTRADICTIONS INTRODUCED BY YOU IN YOUR OFFER AND TO PERMIT MINOR MODIFICATIONS OF EQUIPMENT AFTER AWARD IN ORDER TO MEET THE SPECIFICATIONS WAS REGARDED AS PREJUDICIAL TO OTHER BIDDERS.

WE HAVE HELD ON NUMEROUS OCCASIONS THAT SINCE OUR OFFICE DOES NOT HAVE TECHNICAL PERSONNEL TO CONSIDER QUESTIONS AS TO WHETHER MATERIAL OR SUPPLIES OFFERED TO THE GOVERNMENT MEET CERTAIN DESIGNATED SPECIFICATIONS WE MUST NECESSARILY RELY ON THE JUDGMENT OF TECHNICAL PERSONNEL IN THE EMPLOY OF THE PROCUREMENT ACTIVITIES. IN THE ABSENCE OF ANY ARBITRARY OR GROSSLY ERRONEOUS DECISIONS BY GOVERNMENT PERSONNEL WE WILL ACCEPT THE DETERMINATION OF SUCH PERSONNEL ON DISPUTED QUESTIONS OF FACT INVOLVING TECHNICAL KNOWLEDGE. YOU HAVE FAILED TO FURNISH ANY EVIDENCE TO SHOW THAT THE DETERMINATION MADE IN THIS CASE WAS CLEARLY ERRONEOUS AND THAT THE INFORMATION FURNISHED WITH YOUR BID DEFINITELY ESTABLISHED, WITHOUT ANY SHADOW OF A DOUBT, THAT YOU PROPOSED TO FURNISH SPECIFICATION MATERIAL.