B-155943, APR. 30, 1965

B-155943: Apr 30, 1965

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INDIANA: REFERENCE IS MADE TO YOUR TELEGRAM OF JANUARY 15. PREPRODUCTION SAMPLES WERE TO BE FURNISHED WITHIN SIX MONTHS FROM DATE OF AWARD AND THE REMAINING QUANTITY WAS TO DELIVERED TO THE GOVERNMENT AT "THE RATE OF 25 EACH PER MONTH COMMENCING WITHIN 10 MONTHS FROM DATE OF AWARD UNTIL COMPLETION.'. THE LOWEST BID RECEIVED WAS YOUR BID IN THE AMOUNT OF $94. WAS $104. YOUR BID WAS REJECTED FOR REASONS HEREINAFTER SET OUT AND AN AWARD TO THE SECOND LOWEST BIDDER WAS MADE ON JANUARY 12. PARAGRAPH 1 ON PAGE 15 IS IN PART AS FOLLOWS: "IF.

B-155943, APR. 30, 1965

TO ARNOLT CORPORATION. WARSAW, INDIANA:

REFERENCE IS MADE TO YOUR TELEGRAM OF JANUARY 15, 1965, AND YOUR LETTER OF JANUARY 20, 1965, PROTESTING THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. AMC/A/28-017-65-40 ISSUED BY THE PICATINNY ARSENAL, DOVER, NEW JERSEY.

THE CITED INVITATION SOLICITED BIDS--- TO BE OPENED ON NOVEMBER 16, 1964- -- FOR FURNISHING 110 CONTAINERS, SHIPPING AND STORAGE ATOMIC WARHEAD SECTION XM483E2. PREPRODUCTION SAMPLES WERE TO BE FURNISHED WITHIN SIX MONTHS FROM DATE OF AWARD AND THE REMAINING QUANTITY WAS TO DELIVERED TO THE GOVERNMENT AT "THE RATE OF 25 EACH PER MONTH COMMENCING WITHIN 10 MONTHS FROM DATE OF AWARD UNTIL COMPLETION.' THE LOWEST BID RECEIVED WAS YOUR BID IN THE AMOUNT OF $94,817.80. THE NEXT LOWEST BID, DISCOUNT CONSIDERED, WAS $104,238.75. YOUR BID WAS REJECTED FOR REASONS HEREINAFTER SET OUT AND AN AWARD TO THE SECOND LOWEST BIDDER WAS MADE ON JANUARY 12, 1965, OR WITHIN THE 60-DAY ACCEPTANCE PERIOD AS PROVIDED FOR IN THE INVITATION.

THE INVITATION CONTAINED ON PAGES 15 TO 18, INCLUSIVE, CERTAIN PROVISIONS AND STIPULATIONS WITH REGARD TO THE USE OF GOVERNMENT-OWNED PROPERTY IN A BIDDER'S POSSESSION. PARAGRAPH 1 ON PAGE 15 IS IN PART AS FOLLOWS:

"IF, IN PERFORMING THE WORK BID UPON, THE BIDDER PLANS TO USE ANY ITEMS OF GOVERNMENT PROPERTY (INCLUDING ANY ITEMS OF SPECIAL TOOLING) IN THE BIDDER'S POSSESSION UNDER A FACILITIES CONTRACT OR OTHER AGREEMENT WITH THE GOVERNMENT INDEPENDENT OF THE IFB, THE BIDDER SHALL SO INDICATE BY CHECKING THE BOX BELOW AND BY IDENTIFYING SUCH FACILITIES CONTRACT AND/OR OTHER AGREEMENT AUTHORIZING SUCH USE. IN ORDER TO BE RESPONSIVE, THE BIDDER MUST AT THE TIME OF BID OPENING BE IN FACT AUTHORIZED TO USE EACH ITEM OF SUCH GOVERNMENT PROPERTY FOR PERFORMING THE WORK BID UPON. EVIDENCE OF SUCH AUTHORIZATION SHALL BE SUBMITTED UPON REQUEST FROM THE CONTRACTING OFFICER. * * *" ..END :