B-160509, DEC. 15, 1966

B-160509: Dec 15, 1966

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO LETTER 134C OF DECEMBER 6. IT WAS ASCERTAINED THAT THE BID UPON WHICH THE CONTRACT WAS BASED WAS NONRESPONSIVE IN THAT THE DATA REQUIRED TO BE FURNISHED WITH THE BID FOR EVALUATION PURPOSES INDICATED THAT THE POT WASHING MACHINE WOULD HAVE FIVE HORSEPOWER MOTORS AND ONLY PUMP AT 30 PSI PRESSURES WHEREAS THE ADVERTISED SPECIFICATION PROVIDED THAT THE MOTORS SHOULD BE SEVEN AND A HALF HORSEPOWER AND THE PUMP PRESSURE BETWEEN 35 TO 40 PSI. A STOPORDER ON DELIVERY WAS ISSUED TO THE CONTRACTOR LATE IN NOVEMBER AFTER THE ACCESSORIES FOR THE MACHINE HAD BEEN DELIVERED. IT IS STATED THAT DESPITE THE DEVIATIONS THE WASHER WILL SATISFY THE ACTUAL NEEDS OF THE USING HOSPITAL.

B-160509, DEC. 15, 1966

TO ADMINISTRATOR, VETERANS ADMINISTRATION:

REFERENCE IS MADE TO LETTER 134C OF DECEMBER 6, 1966, FROM THE DIRECTOR, SUPPLY SERVICE, DEPARTMENT OF MEDICINE AND SURGERY, REQUESTING A DECISION WHETHER IN SINGER MACHINE COMPANY MAY BE PAID FOR THE EQUIPMENT CONTRACTED FOR UNDER INVITATION FOR BIDS 66-47 UPON COMPLETION OF DELIVERY AND ACCEPTANCE.

THE QUESTION ARISES BECAUSE, AS A RESULT OF A REVIEW OF THE PROCUREMENT BEGINNING IN SEPTEMBER, THREE MONTHS AFTER THE AWARD OF THE CONTRACT, IT WAS ASCERTAINED THAT THE BID UPON WHICH THE CONTRACT WAS BASED WAS NONRESPONSIVE IN THAT THE DATA REQUIRED TO BE FURNISHED WITH THE BID FOR EVALUATION PURPOSES INDICATED THAT THE POT WASHING MACHINE WOULD HAVE FIVE HORSEPOWER MOTORS AND ONLY PUMP AT 30 PSI PRESSURES WHEREAS THE ADVERTISED SPECIFICATION PROVIDED THAT THE MOTORS SHOULD BE SEVEN AND A HALF HORSEPOWER AND THE PUMP PRESSURE BETWEEN 35 TO 40 PSI. A STOPORDER ON DELIVERY WAS ISSUED TO THE CONTRACTOR LATE IN NOVEMBER AFTER THE ACCESSORIES FOR THE MACHINE HAD BEEN DELIVERED.

IT IS STATED THAT DESPITE THE DEVIATIONS THE WASHER WILL SATISFY THE ACTUAL NEEDS OF THE USING HOSPITAL. IT IS STATED FURTHER THAT ALTHOUGH THERE IS A DEVIATION OF 14 PERCENT FROM THE MINIMUM PRESSURE REQUIRED, A PRESSURE OF 30 PSI IS SUFFICIENT TO OBTAIN EFFECTIVE AND PROMPT WASHING, THAT MILITARY SPECIFICATIONS REQUIRE A MINIMUM WASH WATER PRESSURE OF 30 PSI, AND THAT THE MILITARY SPECIFICATIONS HAVE RECENTLY BEEN ADOPTED FOR PURCHASES OF POT AND PAN WASHERS. MOREOVER, IT IS STATED THAT THE SEVEN AND A HALF HORSEPOWER MOTOR REQUIREMENT IS CURRENTLY BEING REVISED TO PROVIDE THAT MOTORS SHALL BE OF SUFFICIENT SIZE TO PROVIDE THE WATER VOLUME AND PRESSURE REQUIRED AND RATED NOT LESS THAN 20 PERCENT OVER THE ACTUAL LOAD REQUIREMENT. IN VIEW OF THESE CONDITIONS, IT IS STATED THAT THERE WOULD BE NO OBJECTION TO AN AFFIRMATIVE DECISION FROM OUR OFFICE.

IN THE CIRCUMSTANCES, CONSIDERING THAT THE AWARD WAS MADE IN JUNE PROVIDING FOR DELIVERY 120 DAYS AFTER RECEIPT OF THE ORDER AND THAT A STOPORDER WAS NOT ISSUED UNTIL NOVEMBER, WE WILL NOT QUESTION THE AWARD OR PAYMENT TO THE CONTRACTOR UPON DELIVERY AND ACCEPTANCE OF THE EQUIPMENT.