B-164718, SEP. 30, 1968

B-164718: Sep 30, 1968

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ESQUIRE: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 20. BIDS WERE OPENED ON JUNE 10. WAS REJECTED AS BEING NONRESPONSIVE. WE ARE ADVISED THAT IT WAS THE ABSENCE OF ARCING CONTACTS ON THE RUSSELL SWITCH THAT WAS THE BASIS FOR REJECTING THE BID OF PRICE INDUSTRIES. OUR OFFICE FORWARDED THIS INFORMATION TO THE VA FOR COMMENT AND EVALUATION BY ITS ENGINEERING STAFF AND WE HAVE BEEN ADVISED THAT REVIEW OF THE BULLETIN RMT-85-B-1 AND DRAWING NO. SEPARATE ARCING CONTACTS WERE NOT SHOWN OR DESIGNATED IN THE LITERATURE OR THE DRAWING. EVALUATION OF THIS BID WAS MADE SOLELY ON THE TECHNICAL INFORMATION SUBMITTED. THIS DETAIL WAS ADDED AS A REVISION DATED AUGUST 16. AN AWARD CANNOT BE MADE AS FISCAL YEAR 1969 FUNDS ARE NOT AVAILABLE FOR THE PROJECT AT THIS TIME.

B-164718, SEP. 30, 1968

TO DOUGLAS J. RYKHUS, ESQUIRE:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 20, 1968, WITH ENCLOSURE, AND PRIOR CORRESPONDENCE, ON BEHALF OF PRICE INDUSTRIES, INC. PROTESTING THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS (IFB) NO. 68-39, ISSUED BY THE CHIEF, SUPPLY DIVISION, VETERANS ADMINISTRATION HOSPITAL, EAST ORANGE, NEW JERSEY.

THE INVITATION ISSUED ON MAY 20, 1968, SOLICITED BIDS FOR TWO ITEMS. ITEM 1 CONSISTED OF AN ALTERNATING CURRENT DIESEL ELECTRIC GENERATOR PLANT, 250KW, AND ITEM 2 CALLED FOR A MANUAL TRANSFER SWITCH, WITH FREE STANDING CABINET ENCLOSURE, FOR 250KW GENERATOR SETS. BIDS WERE OPENED ON JUNE 10, 1968, AND THE BID OF PRICE INDUSTRIES, INC. WAS REJECTED AS BEING NONRESPONSIVE. BY TELEGRAM DATED JUNE 27, 1968, PRICE INDUSTRIES PROTESTED AWARD TO ANY OTHER COMPANY CONTENDING THAT IT HAD SUBMITTED THE LOW RESPONSIVE BID. NO AWARD HAS BEEN MADE UNDER THE SUBJECT INVITATION.

IN A REPORT TO OUR OFFICE FROM THE VETERANS ADMINISTRATION (VA) DATED AUGUST 2, 1968, WE ARE ADVISED THAT IT WAS THE ABSENCE OF ARCING CONTACTS ON THE RUSSELL SWITCH THAT WAS THE BASIS FOR REJECTING THE BID OF PRICE INDUSTRIES. BY LETTER DATED AUGUST 20, 1968, YOU SUBMITTED ADDITIONAL INFORMATION TO SHOW THAT THE SWITCH OFFERED BY PRICE INDUSTRIES AND MANUFACTURED BY R.G. RUSSELL COMPANY MEETS THE SPECIFICATIONS. THIS INCLUDES MEETING THE REQUIREMENT FOR POSITIVE PROTECTION OF THE MAIN CONTACTS BY ARCING CONTACT.

OUR OFFICE FORWARDED THIS INFORMATION TO THE VA FOR COMMENT AND EVALUATION BY ITS ENGINEERING STAFF AND WE HAVE BEEN ADVISED THAT REVIEW OF THE BULLETIN RMT-85-B-1 AND DRAWING NO. R-1-050-2 FOR A R.G. RUSSELL COMPANY 1600 AMPERE TRANSFER SWITCH AS SUBMITTED SUBSEQUENTLY TO THE BID OF PRICE INDUSTRIES INDICATED THAT THIS SWITCH DID NOT COMPLY WITH SPECIFICATIONS. SEPARATE ARCING CONTACTS WERE NOT SHOWN OR DESIGNATED IN THE LITERATURE OR THE DRAWING. EVALUATION OF THIS BID WAS MADE SOLELY ON THE TECHNICAL INFORMATION SUBMITTED. HOWEVER, THE VA ADVISES THAT THE R.G. RUSSELL COMPANY DRAWING NO. R-1-C-069-2 FOR A 1600 AMPERE TRANSFER SWITCH SUBMITTED BY PRICE INDUSTRIES TO OUR OFFICE ON AUGUST 20, 1968, HAS A SECTION DETAIL INDICATING SEPARATE ARCING CONTACT. THIS DETAIL WAS ADDED AS A REVISION DATED AUGUST 16, 1968, APPROXIMATELY 2 MONTHS AFTER VA'S ORIGINAL EVALUATION. THE VA STATES THAT THE RUSSELL COMPANY SUBMITTAL FOR A 1600 AMPERE TRANSFER SWITCH AS SUPPLEMENTED BY DRAWING NO. R-1-C-069-2 (REVISED) NOW COMPLIES WITH SPECIFICATIONS.

ALTHOUGH YOUR BID HAS NOW BEEN DETERMINED TO BE RESPONSIVE, THE VA HAS ADVISED OUR OFFICE THAT SINCE FISCAL YEAR 1968 FUNDS CANNOT BE USED, AN AWARD CANNOT BE MADE AS FISCAL YEAR 1969 FUNDS ARE NOT AVAILABLE FOR THE PROJECT AT THIS TIME. IF BIDS ARE RESOLICITED, THE RUSSELL COMPANY SWITCH WHICH YOU OFFERED WILL BE CONSIDERED ACCEPTABLE.