B-157738, NOV. 15, 1965

B-157738: Nov 15, 1965

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THE ABOVE INVITATION WAS ISSUED ON AUGUST 30. BIDS WERE OPENED ON SEPTEMBER 20. THE FOLLOWING BIDS WERE RECEIVED: CHART NAME OF BIDDER UNIT PRICE AMOUNT INDUSTRIAL ELECTRONIC SERVICE COMPANY $31. 260 WE ARE ADVISED THAT THE GOVERNMENT'S COST ESTIMATE FOR THIS PROCUREMENT WAS $108. ON THE BASIS OF A TECHNICAL REVIEW BY THE PROCURING ACTIVITY IT WAS FOUND THAT THE BIDS SUBMITTED BY INDUSTRIAL ELECTRONIC AND ELECTRONIC SERVICES WERE NONRESPONSIVE SINCE THESE BIDDERS DID NOT CLEARLY MARK ON THE DESCRIPTIVE DATA THE PROPOSED MODIFICATIONS WHICH WOULD MAKE THE PRODUCT CONFORM TO THE REQUIREMENTS OF THE INVITATION. A REVIEW WAS MADE BY THE LEWIS RESEARCH CENTER TO DETERMINE WHETHER THE SYSTEMS SPECIFIED IN THE INSTANT INVITATION WERE ESSENTIAL TO MEET NASA'S MINIMUM NEEDS OR WHETHER A LESS EXPENSIVE SYSTEM.

B-157738, NOV. 15, 1965

TO B AND F INSTRUMENTS, INCORPORATED:

WE REFER TO YOUR LETTERS OF SEPTEMBER 23 AND 28, 1965, WITH ENCLOSURES, PROTESTING AN AWARD UNDER INVITATION FOR BIDS NO. C-263926, TO OTHER THAN YOUR CONCERN.

THE ABOVE INVITATION WAS ISSUED ON AUGUST 30, 1965, BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, LEWIS RESEARCH CENTER, CLEVELAND, OHIO, FOR THE PROCUREMENT OF SPECIFIED SIGNAL CONDITIONING SYSTEMS. BIDS WERE OPENED ON SEPTEMBER 20, 1965, AND THE FOLLOWING BIDS WERE RECEIVED:

CHART

NAME OF BIDDER UNIT PRICE AMOUNT

INDUSTRIAL ELECTRONIC SERVICE COMPANY $31,620 $126,480

ELECTRONIC SERVICES, INCORPORATED 33,656 134,624

B AND F INSTRUMENTS, INCORPORATED 38,000 152,000

ENDEVCO CORPORATION 42,338 169,352

TRANS-DATA, INCORPORATED ---- 177,260

WE ARE ADVISED THAT THE GOVERNMENT'S COST ESTIMATE FOR THIS PROCUREMENT WAS $108,000.

PARAGRAPH 2 OF THE "BRAND NAME OR EQUAL" CLAUSE ON PAGE 4 OF THE INVITATION PROVIDED:

"IF THE BIDDER PROPOSES TO MODIFY A PRODUCT SO AS TO MAKE IT CONFORM TO THE REQUIREMENTS OF THE INVITATION FOR BIDS, HE SHALL (I) INCLUDE IN HIS BID A CLEAR DESCRIPTION OF SUCH PROPOSED MODIFICATIONS AND (II) CLEARLY MARK ANY DESCRIPTIVE MATERIAL TO SHOW THE PROPOSED MODIFICATIONS.'

ON THE BASIS OF A TECHNICAL REVIEW BY THE PROCURING ACTIVITY IT WAS FOUND THAT THE BIDS SUBMITTED BY INDUSTRIAL ELECTRONIC AND ELECTRONIC SERVICES WERE NONRESPONSIVE SINCE THESE BIDDERS DID NOT CLEARLY MARK ON THE DESCRIPTIVE DATA THE PROPOSED MODIFICATIONS WHICH WOULD MAKE THE PRODUCT CONFORM TO THE REQUIREMENTS OF THE INVITATION.

NASA HAS ADVISED OUR OFFICE THAT IN VIEW OF THE BIDS RECEIVED PURSUANT TO THIS INVITATION, A REVIEW WAS MADE BY THE LEWIS RESEARCH CENTER TO DETERMINE WHETHER THE SYSTEMS SPECIFIED IN THE INSTANT INVITATION WERE ESSENTIAL TO MEET NASA'S MINIMUM NEEDS OR WHETHER A LESS EXPENSIVE SYSTEM, WITH REDUCED SIZE AND SCOPE WOULD BE ADEQUATE FOR THE CENTER'S REQUIREMENTS. THE TECHNICAL DIVISION AT THE LEWIS RESEARCH CENTER RECOMMENDED THAT THE INSTANT INVITATION BE CANCELLED, AND ADVISED THE CONTRACTING OFFICER THAT A NEW PURCHASE REQUEST WITH MODIFIED SPECIFICATIONS AND REDUCED QUANTITIES HAD BEEN PREPARED. THE CONTRACTING OFFICER HAS ACCEPTED THIS RECOMMENDATION BY THE TECHNICAL DIVISION OF THE LEWIS RESEARCH CENTER. ON THE BASIS OF THE RECORD PRESENTED TO OUR OFFICE WE FIND NO BASIS TO OBJECT TO THE CONTRACTING OFFICER'S DETERMINATION TO CANCEL THE INSTANT INVITATION. SEE B 143263, DECEMBER 22, 1960.