B-159618, AUG. 5, 1966

B-159618: Aug 5, 1966

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GOVERNMENT PRINTING OFFICE: REFERENCE IS MADE TO YOUR LETTER OF JULY 21. IT IS REPORTED THAT THE FAILURE OF O. WAS DUE ENTIRELY TO UNFORTUNATE ERRORS ON THE PART OF THE GOVERNMENT PRINTING OFFICE. IT WAS DISCOVERED THAT AN ERROR HAD BEEN MADE IN THE SPECIFICATIONS WHICH IS BELIEVED TO REQUIRE REJECTION OF THE TWO BIDS RECEIVED AND READVERTISEMENT UNDER CORRECTED SPECIFICATIONS. IT WAS NECESSARY TO OBTAIN THE ESTIMATED AMOUNT OF PRODUCTION REQUIRED FROM THE NAVY DEPARTMENT. DUE TO A MISUNDERSTANDING THE ESTIMATED QUANTITY SET FORTH IN THE SPECIFICATIONS FOR A THREE-MONTH PERIOD WAS ACTUALLY THE ESTIMATED QUANTITY FOR A YEAR. THE SPECIFICATIONS INDICATED THAT THE PRODUCTION REQUIRED WAS FOUR TIMES THE ACTUAL REQUIREMENT.

B-159618, AUG. 5, 1966

TO PUBLIC PRINTER, U.S. GOVERNMENT PRINTING OFFICE:

REFERENCE IS MADE TO YOUR LETTER OF JULY 21, 1966, FURNISHING A REPORT ON THE PROTEST OF O. B. JOHNSON PRESS, INCORPORATED, REGARDING ITS FAILURE TO RECEIVE AN OPPORTUNITY TO BID ON GOVERNMENT PRINTING OFFICE PROGRAM NO. 534, COVERING NATOPS FLIGHT MANUALS AND CHANGES FOR GRUMMAN AIRCRAFT EQUIPMENT TO BE PRINTED IN CONNECTION WITH DEPARTMENT OF THE NAVY'S EQUIPMENT CONTRACTS WITH THE COMPANY.

IT IS REPORTED THAT THE FAILURE OF O. B. JOHNSON, INCORPORATED, NEW YORK, NEW YORK, TO RECEIVE A COPY OF THE INVITATION FOR BIDS ON THIS REQUIREMENT, WAS DUE ENTIRELY TO UNFORTUNATE ERRORS ON THE PART OF THE GOVERNMENT PRINTING OFFICE. HOWEVER, REGARDLESS OF SUCH FACT, IT WAS DISCOVERED THAT AN ERROR HAD BEEN MADE IN THE SPECIFICATIONS WHICH IS BELIEVED TO REQUIRE REJECTION OF THE TWO BIDS RECEIVED AND READVERTISEMENT UNDER CORRECTED SPECIFICATIONS.

THE GOVERNMENT PRINTING OFFICE HAD NO PREVIOUS EXPERIENCE WITH THIS PARTICULAR REQUIREMENT AND, THEREFORE, IT WAS NECESSARY TO OBTAIN THE ESTIMATED AMOUNT OF PRODUCTION REQUIRED FROM THE NAVY DEPARTMENT. DUE TO A MISUNDERSTANDING THE ESTIMATED QUANTITY SET FORTH IN THE SPECIFICATIONS FOR A THREE-MONTH PERIOD WAS ACTUALLY THE ESTIMATED QUANTITY FOR A YEAR. THUS, THE SPECIFICATIONS INDICATED THAT THE PRODUCTION REQUIRED WAS FOUR TIMES THE ACTUAL REQUIREMENT. IN VIEW THEREOF AND SINCE NO PROVISION WAS MADE IN THE INVITATION FOR MULTIPLE AWARDS, IT IS BELIEVED THE VOLUME INDICATED WAS BEYOND THE CAPACITY OF MOST FIRMS ON THE BID LIST TO PRODUCE AND MAY HAVE BEEN THE REASON WHY ONLY TWO BIDS WERE RECEIVED. THEREFORE, IT IS PROPOSED TO CANCEL THE INSTANT INVITATION, CORRECT THE SPECIFICATIONS TO REFLECT THE ACTUAL REQUIREMENT, READVERTISE ON A MULTIPLE AWARD BASIS TO INSURE ADEQUATE COVERAGE, AND EXPAND THE BID LIST TO INCLUDE QUALIFIED FIRMS IN AREAS REASONABLY ADJACENT TO NEW YORK CITY.

IN VIEW OF THE FACTS DISCLOSED IT IS CLEAR THAT THE PRESENT INVITATION DOES NOT ADEQUATELY REFLECT THE NEEDS OF THE GOVERNMENT. ACCORDINGLY, THERE IS NO ALTERNATIVE BUT TO REJECT THE PRESENT BIDS, CANCEL THE INVITATION AND READVERTISE UNDER SPECIFICATIONS SETTING FORTH THE ACTUAL WORK TO BE PERFORMED AND PROVIDING THE GOVERNMENT WITH ADEQUATE COVERAGE, AS PROPOSED BY YOU.

COPIES OF THIS DECISION HAVE BEEN SENT TO O. B. JOHNSON PRESS, INCORPORATED, AND TECHNER, RUBIN AND SHAPIRO, ATTORNEYS FOR GOODWAY PRINTING COMPANY.