B-156162, MAR. 31, 1965

B-156162: Mar 31, 1965

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GRAPHIC CONTROLS CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18. YOU CONTEND THAT YOUR COMPANY HAS TESTED CHART PAPER WHICH IT BELIEVES WILL BE SUPPLIED BY THE LOW BIDDER AND IT HAS FOUND THAT THE PAPER DOES NOT CONFORM TO TWO REQUIREMENTS OF THE ADVERTISED SPECIFICATION. YOU ALLEGE THAT THE SPECIFICATION FOR THE CHART PAPER IS OBSOLETE AND UNREALISTIC. IS FREE OF ANY EXCEPTION TO THE SPECIFICATION REQUIREMENTS OF THE INVITATION FOR BIDS. THE CONTRACTING OFFICE HAS ADVISED THAT IT HAS REQUESTED THE LOW BIDDER TO VERIFY AND CERTIFY THAT THE CHART PAPER WILL BE IN ACCORDANCE WITH THE SPECIFICATION. THERE IS NO REASON TO BELIEVE THAT THE DEFICIENCIES YOUR COMPANY FOUND IN THE PAPER IT TESTED WILL BE PRESENT IN THE PAPER TO BE FURNISHED TO THE GOVERNMENT.

B-156162, MAR. 31, 1965

TO MR. W. M. E. CLARKSON, GRAPHIC CONTROLS CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18, 1965, AND THE TELEGRAM OF FEBRUARY 17, 1965, PROTESTING THE AWARD OF A CONTRACT FOR CHART PAPER TO THE LOW BIDDER UNDER DEPARTMENT OF THE NAVY INVITATION FOR BIDS IFB-383 -685-65.

YOU CONTEND THAT YOUR COMPANY HAS TESTED CHART PAPER WHICH IT BELIEVES WILL BE SUPPLIED BY THE LOW BIDDER AND IT HAS FOUND THAT THE PAPER DOES NOT CONFORM TO TWO REQUIREMENTS OF THE ADVERTISED SPECIFICATION. FURTHER, YOU ALLEGE THAT THE SPECIFICATION FOR THE CHART PAPER IS OBSOLETE AND UNREALISTIC, AND YOU SUGGEST THEREFORE THAT THE INVITATION FOR BIDS BE CANCELED TO PERMIT THE SPECIFICATION TO BE REVISED AND READVERTISED.

OUR OFFICE HAS BEEN ADVISED BY THE CONTRACTING OFFICE THAT THE LOW BID SUBMITTED BY WESTON INSTRUMENTS, INC., IS FREE OF ANY EXCEPTION TO THE SPECIFICATION REQUIREMENTS OF THE INVITATION FOR BIDS. THUS,FOR ALL INTENT AND PURPOSES, THE LOW BIDDER HAS CONSENTED AND AGREED TO CONFORM TO THE ADVERTISED SPECIFICATION. MOREOVER, THE CONTRACTING OFFICE HAS ADVISED THAT IT HAS REQUESTED THE LOW BIDDER TO VERIFY AND CERTIFY THAT THE CHART PAPER WILL BE IN ACCORDANCE WITH THE SPECIFICATION, AND IT HAS RECEIVED ASSURANCES IN THAT REGARD FROM BOTH THE BIDDER AND LUDLOW CLEMENT CHARTS, INC., THE ACTUAL MANUFACTURER OF THE PAPER. THEREFORE, THERE IS NO REASON TO BELIEVE THAT THE DEFICIENCIES YOUR COMPANY FOUND IN THE PAPER IT TESTED WILL BE PRESENT IN THE PAPER TO BE FURNISHED TO THE GOVERNMENT.

IN ADDITION, THE CONTRACTING OFFICE HAS ADVISED THAT ITS TECHNICAL DIVISION HAS REVIEWED THE ADVERTISED SPECIFICATION AND IS SATISFIED THAT IT IS ADEQUATE, REALISTIC AND CAN BE MET. THE MATTER OF DETERMINING THE NEEDS OF THE GOVERNMENT AND PREPARING SPECIFICATIONS TO MEET THOSE NEEDS IS THE RESPONSIBILITY OF THE CONTRACTING AGENCIES OF THE GOVERNMENT. OUR OFFICE DOES NOT ORDINARILY INTERFERE WITH THAT RESPONSIBILITY.

THEREFORE, IN THE CIRCUMSTANCES, OUR OFFICE HAS NO ALTERNATIVE BUT TO DENY YOUR PROTEST.