B-157817, DEC. 9, 1965

B-157817: Dec 9, 1965

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IN WHICH YOU STATE THAT YOU WERE NOT GIVEN SUFFICIENT OPPORTUNITY TO SUBMIT A BID. THE INVITATION WAS ISSUED ON SEPTEMBER 14. ALTHOUGH THE INVITATION CONTAINED CLASSIFIED INFORMATION AND SYNOPSIZING WAS NOT REQUIRED. THE INVITATION WAS SYNOPSIZED IN ACCORDANCE WITH ARMED SERVICES PROCUREMENT REGULATION 1 1003. COPIES OF THE IFB WERE SENT TO SIX MANUFACTURERS. MICROWAVE WAS NOT INCLUDED SINCE IT IS NOT ON THE BIDDERS MAILING LIST FOR THE SPECIFIC ITEM BEING PROCURED. 15 ADDITIONAL REQUESTS FOR INVITATIONS WERE HONORED. THE REQUEST OF MICROWAVE WAS NOT RECEIVED AT THE ELECTRONICS SUPPLY OFFICE UNTIL SEPTEMBER 24. A SECURITY CLEARANCE WAS NECESSARY BEFORE THE IFB COULD BE SENT TO MICROWAVE.

B-157817, DEC. 9, 1965

TO MICROWAVE PRODUCTS, INC.:

WE AGAIN REFER TO YOUR LETTER OF OCTOBER 5, 1965, CONCERNING INVITATION FOR BIDS NO. 126-126-66 ISSUED BY THE U.S. NAVY ELECTRONICS SUPPLY OFFICE, GREAT LAKES, ILLINOIS, IN WHICH YOU STATE THAT YOU WERE NOT GIVEN SUFFICIENT OPPORTUNITY TO SUBMIT A BID.

THE INVITATION WAS ISSUED ON SEPTEMBER 14, 1965, WITH AN OPENING DATE OF OCTOBER 5, 1965. ALTHOUGH THE INVITATION CONTAINED CLASSIFIED INFORMATION AND SYNOPSIZING WAS NOT REQUIRED, THE INVITATION WAS SYNOPSIZED IN ACCORDANCE WITH ARMED SERVICES PROCUREMENT REGULATION 1 1003, WHICH IN 1- 1003.2 PROVIDES FOR THE SYNOPSIS TO BE PREPARED AT LEAST 10 DAYS PRIOR TO THE ISSUE DATE IN ORDER TO ALLOW THOSE CONCERNS NOT ON THE CURRENT BIDDERS LIST AN OPPORTUNITY TO SUBMIT A BID. COPIES OF THE IFB WERE SENT TO SIX MANUFACTURERS, BUT MICROWAVE WAS NOT INCLUDED SINCE IT IS NOT ON THE BIDDERS MAILING LIST FOR THE SPECIFIC ITEM BEING PROCURED. AS A RESULT OF THE SYNOPSIZING, 15 ADDITIONAL REQUESTS FOR INVITATIONS WERE HONORED; HOWEVER, THE REQUEST OF MICROWAVE WAS NOT RECEIVED AT THE ELECTRONICS SUPPLY OFFICE UNTIL SEPTEMBER 24, 1965. ALTHOUGH THE SYNOPSIS GAVE NO INDICATION, A SECURITY CLEARANCE WAS NECESSARY BEFORE THE IFB COULD BE SENT TO MICROWAVE. THAT WAS ACCOMPLISHED ON SEPTEMBER 28, 1965, AND COPIES OF THE IFB WERE SENT TO THE ELECTRONICS SUPPLY OFFICE MAILROOM ON SEPTEMBER 29, 1965, FOR FORWARDING. THE IFB WAS SENT TO MICROWAVE, IN CALIFORNIA, BY REGULAR MAIL AND APPARENTLY ARRIVED THERE ON OCTOBER 5, 1965. SINCE THE BIDS HAD BEEN OPENED WHEN MICROWAVE REQUESTED AN EXTENSION OF TIME IN WHICH TO SUBMIT A BID, THE REQUEST WAS DENIED.

ARMED SERVICES PROCUREMENT REGULATION 2-202.1 PROVIDES IN PART:

"* * * AS A GENERAL RULE, BIDDING TIME SHALL BE NOT LESS THAN 15 CALENDAR DAYS WHEN PROCURING STANDARD COMMERCIAL ARTICLES AND SERVICES AND NOT LESS THAN 30 CALENDAR DAYS WHEN PROCURING OTHER THAN STANDARD COMMERCIAL ARTICLES OR SERVICES. THIS RULE NEED NOT BE OBSERVED IN SPECIAL CIRCUMSTANCES, OR WHERE THE URGENCY FOR THE SUPPLIES OR SERVICES DOES NOT PERMIT SUCH DELAY * * "

THE FILE INDICATES THAT THE PROCUREMENT WAS OF AN URGENT NATURE, WHICH NECESSITATED THE 21 DAY BIDDING PERIOD, AND WE FIND NO BASIS FOR OBJECTING TO THIS DETERMINATION.

THERE ARE TWO PERIODS OF TIME INVOLVED HERE IN WHICH THERE APPEARS TO HAVE BEEN SOME DELAY. THE FIRST PERIOD IS DURING THE TIME IN WHICH YOU REQUESTED AN INVITATION--- A PERIOD OF 10 DAYS AFTER THE BIDS WERE ISSUED, AND PRESUMABLY THE SYNOPSIS PUBLISHED. THE SECOND PERIOD IS THAT AFTER THE SECURITY CLEARANCE WAS APPROVED AND THE BIDS SENT TO THE ELECTRONICS SUPPLY OFFICE MAILROOM TO BE FORWARDED TO YOU AND THE DATE RECEIVED BY YOU --- A PERIOD OF 6 DAYS. THE ELECTRONICS SUPPLY OFFICE ACKNOWLEDGES THAT IT SHOULD HAVE SENT MICROWAVE THE INVITATION BY AIR MAIL AND WILL CORRECT THE PROCEDURE IN THE FUTURE; HOWEVER, SINCE YOUR REQUEST TOOK 10 DAYS TO ARRIVE, WHICH, OF COURSE, IS FOUR DAYS LONGER THAN ESO TOOK TO TRANSMIT THE BID TO YOU, IT APPEARS THAT MICROWAVE WAS MORE UNMINDFUL OF THE TIME WHEN THE ESO, AND, THUS, THE BLAME CANNOT BE PLACED SOLELY ON THAT AGENCY. HAD MICROWAVE PROMPTLY FORWARDED ITS REQUEST BY AIR MAIL, IT APPARENTLY WOULD HAVE RECEIVED AN INVITATION IN SUFFICIENT TIME TO RETURN A BID BY AIR MAIL, REGARDLESS OF THE ACTIONS OF THE ELECTRONICS SUPPLY OFFICE. THEREFORE, WE FEEL THAT YOU HAVE NOT SUBSTANTIATED YOUR PROTEST.

FURTHERMORE, EVEN IF THE ELECTRONIC SUPPLY OFFICE WAS SOLELY TO BLAME FOR THE DELAY SINCE THE BIDS HAVE BEEN OPENED AND THE LOW BID DISCLOSED AND THE PROCUREMENT IS OF AN URGENT NATURE, WE SEE NO LEGAL BASIS FOR CANCELLATION OF THE BIDS AND READVERTISEMENT OF THE PROCUREMENT. SEE IN THIS CONNECTION B-154657, DATED AUGUST 25, 1965.