B-156651, JUN. 21, 1965

B-156651: Jun 21, 1965

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TO ANTENNA PRODUCTS CO.: REFERENCE IS MADE TO YOUR TELEGRAM OF APRIL 28. SIX BIDS WERE RECEIVED. 940 PER UNIT WAS SUBMITTED BY THE SWAGER TOWER CORPORATION. FIVE OTHER BIDS WERE RECEIVED. 2 AND 3 TO THE INVITATION WERE ATTACHED TO THE BID OF SWAGER. THE BID AND AMENDMENTS NOS. 1 AND 2 WERE PROPERLY SIGNED BUT AMENDMENT NO. 3 WAS UNSIGNED. ASIDE FROM THE FACT THAT THE AMENDMENT INVOLVED WAS ATTACHED TO THE SIGNED BID. THE SOLE EFFECT OF THE AMENDMENT IS TO RELAX THE ANTENNA GAIN REQUIREMENT FROM 10 DB TO 8 DB AND THAT ANY EFFECT ON PRICE WOULD BE DOWNWARD. WHICH FACT WAS VERIFIED BY TECHNICAL PERSONNEL OF THE "REQUIRING ACTIVITY.'. IF IT IS ASSUMED "THAT THE LOW BIDDER'S FAILURE TO ACKNOWLEDGE THE ADDENDUM WAS DUE TO IGNORANCE OF ITS EXISTENCE.

B-156651, JUN. 21, 1965

TO ANTENNA PRODUCTS CO.:

REFERENCE IS MADE TO YOUR TELEGRAM OF APRIL 28, 1965, PROTESTING THE AWARD OF A CONTRACT TO THE LOW BIDDER UNDER INVITATION FOR BIDS NO. IFB600 -757-65 ISSUED BY THE UNITED STATES NAVY PURCHASING OFFICE, WASHINGTON NAVY YARD, WASHINGTON, D.C., ON FEBRUARY 24, 1965.

THE INVITATION, AS AMENDED, SOLICITED BIDS--- TO BE OPENED APRIL 22, 1965 --- FOR FURNISHING 277 ROTATABLE LOG PERIODIC ANTENNAS AND ASSOCIATED DATA. SIX BIDS WERE RECEIVED. THE LOW BID OF $6,940 PER UNIT WAS SUBMITTED BY THE SWAGER TOWER CORPORATION. FIVE OTHER BIDS WERE RECEIVED, RANGING IN UNIT PRICE FROM $7,167 (SUBMITTED BY YOU) TO $10,293. AMENDMENTS NOS. 1, 2 AND 3 TO THE INVITATION WERE ATTACHED TO THE BID OF SWAGER. THE BID AND AMENDMENTS NOS. 1 AND 2 WERE PROPERLY SIGNED BUT AMENDMENT NO. 3 WAS UNSIGNED. AWARD OF THE CONTRACT HAS NOT BEEN MADE.

YOU PROTEST THE POSSIBLE AWARD TO SWAGER BECAUSE OF ITS FAILURE TO SIGN AMENDMENT NO. 3 AND THAT THIS AMENDMENT HAS A "MATERIAL" EFFECT ON QUALITY.

AMENDMENT NO. 3 PROVIDED THAT---

"CHANGE PARA. 2.4.6 OF THE PURCHASE DESCRIPTION TO READ: "THE FREE SPACE ANTENNA GAIN SHALL BE NO LESS THAN 8 DB COMPARED TO AN ISOTROPIC RADIATOR OVER THE FREQUENCY BAND SPECIFIED IN PARAGRAPH 2.4.'"

THE CONTRACTING OFFICER REPORTS THAT, ASIDE FROM THE FACT THAT THE AMENDMENT INVOLVED WAS ATTACHED TO THE SIGNED BID, THE SOLE EFFECT OF THE AMENDMENT IS TO RELAX THE ANTENNA GAIN REQUIREMENT FROM 10 DB TO 8 DB AND THAT ANY EFFECT ON PRICE WOULD BE DOWNWARD, WHICH FACT WAS VERIFIED BY TECHNICAL PERSONNEL OF THE "REQUIRING ACTIVITY.' IN OTHER WORDS, WITHOUT CONSIDERING THE EFFECT OF AMENDMENT NO. 3, SWAGER HAS AGREED TO DELIVER A BETTER GRADE PRODUCT USABLE BY THE GOVERNMENT, FOR A LOWER PRICE THAN ANY OTHER BIDDER.

AS WE STATED IN 41 COMP. GEN. 550, IF IT IS ASSUMED "THAT THE LOW BIDDER'S FAILURE TO ACKNOWLEDGE THE ADDENDUM WAS DUE TO IGNORANCE OF ITS EXISTENCE, THEN HIS BID PRICE WOULD NOT REFLECT THE LESSENED REQUIREMENTS OF THE SPECIFICATIONS AND, THEREFORE, HIS FAILURE TO ACKNOWLEDGE WOULD ONLY BE PREJUDICIAL TO HIS COMPETITIVE POSITION AND EVEN POSSIBLY BENEFICIAL TO THE POSITION OF THE OTHER BIDDERS.' ALSO, SEE B-156631, MAY 17, 1965, COPY ENCLOSED. THE LANGUAGE USED IN THE FIRST CITED CASE IS EQUALLY APPLICABLE HERE. ACCORDINGLY, WE FIND NO BASIS FOR OBJECTING TO THE PROPOSED AWARD TO THE LOW BIDDER AND YOUR PROTEST IS DENIED.