B-156676, JUL. 21, 1965

B-156676: Jul 21, 1965

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EMTEX DIVISION: REFERENCE IS MADE TO YOUR LETTER WHICH WAS RECEIVED HERE ON APRIL 28. THE BASIS OF YOUR PROTEST UNDER THE SUBJECT PROCUREMENT IS CENTERED ON YOUR CONTENTION THAT OREGON TECHNICAL PRODUCTS IS NOT A RESPONSIBLE OR RESPONSIVE BIDDER. THE DEPARTMENT OF THE AIR FORCE REPORTS THAT THE PROCURING ACTIVITY DOES NOT CONTEMPLATE AN AWARD TO OREGON TECHNICAL PRODUCTS AS ITS BID WAS NOT THE LOWEST RESPONSIVE BID RECEIVED AND. IT IS ALSO REPORTED THAT THE LOWEST BID WAS SUBMITTED BY AIRCRAFT HYDROFORMING. THIS BID WAS RECEIVED AFTER BID OPENING. CIRCUMSTANCES CONCERNING THE LATE ARRIVAL OF THE BID HAVE BEEN EVALUATED BY THE PROCUREMENT ACTIVITY AND THE BID HAS BEEN DETERMINED TO BE AN ACCEPTABLE LATE BID WITHIN THE CONTEMPLATION OF ASPR 2 -303 AND THE TERMS OF THE INVITATION.

B-156676, JUL. 21, 1965

TO BAIFIELD INDUSTRIES, INC., EMTEX DIVISION:

REFERENCE IS MADE TO YOUR LETTER WHICH WAS RECEIVED HERE ON APRIL 28, 1965, PROTESTING AGAINST AWARD OF CONTRACT TO OREGON TECHNICAL PRODUCTS UNDER INVITATION FOR BIDS NO. 33-657-65-162, ISSUED BY AFSC AERONAUTICAL SYSTEMS DIVISION, WRIGHT-PATTERSON AIR FORCE BASE, OHIO. THE BASIS OF YOUR PROTEST UNDER THE SUBJECT PROCUREMENT IS CENTERED ON YOUR CONTENTION THAT OREGON TECHNICAL PRODUCTS IS NOT A RESPONSIBLE OR RESPONSIVE BIDDER, AND YOU THEREFORE PROTEST ANY PENDING AWARD TO THAT FIRM.

IN THIS RESPECT, THE DEPARTMENT OF THE AIR FORCE REPORTS THAT THE PROCURING ACTIVITY DOES NOT CONTEMPLATE AN AWARD TO OREGON TECHNICAL PRODUCTS AS ITS BID WAS NOT THE LOWEST RESPONSIVE BID RECEIVED AND, THEREFORE, THE SUBJECT OF YOUR PROTEST HAS BECOME ACADEMIC. HOWEVER, FOR YOUR INFORMATION, IT IS ALSO REPORTED THAT THE LOWEST BID WAS SUBMITTED BY AIRCRAFT HYDROFORMING, INC., GARDENIA, CALIFORNIA. THIS BID WAS RECEIVED AFTER BID OPENING, BUT CIRCUMSTANCES CONCERNING THE LATE ARRIVAL OF THE BID HAVE BEEN EVALUATED BY THE PROCUREMENT ACTIVITY AND THE BID HAS BEEN DETERMINED TO BE AN ACCEPTABLE LATE BID WITHIN THE CONTEMPLATION OF ASPR 2 -303 AND THE TERMS OF THE INVITATION. THE LOW BIDDER, AIRCRAFT HYDROFORMING, HAS BEEN DETERMINED TO BE THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AND AWARD HAS BEEN MADE TO THIS FIRM.