B-167304, AUG. 27, 1969

B-167304: Aug 27, 1969

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WEST VIRGINIA PLANT WAS QUALIFIED AS REQUIRED BY THE INVITATION HAS OFFERED TO SUPPLY AN UNQUALIFIED PRODUCT SINCE SANTA ANA PLANT WAS NOT LISTED ON QUALIFIED PRODUCTS LISTS AND FACT THAT PROCURING AGENCY WAS ADVISED THAT ALL EQUIPMENT AND PERSONNEL FROM BIDDER'S QUALIFIED PLANT HAD MOVED TO THE CALIFORNIA PLANT DOES NOT RENDER BID RESPONSIVE. TO WELLS INDUSTRIES CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF JUNE 17. INVOLVED IN THIS PROCUREMENT WERE VARIOUS QUANTITIES OF TYPE MA-1 DESICCANT CONTAINERS WITH DESICCANT AND TYPE MA-2 DEHYDRATOR CONTAINERS. BOTH OF THESE ITEMS WERE QUALIFIED END PRODUCTS LISTED ON RESPECTIVE QUALIFIED PRODUCTS LISTS (QPLS) SET OUT IN CLAUSE 2.105 OF THE SOLICITATION.

B-167304, AUG. 27, 1969

BID PROTESTS - QUALIFIED PRODUCTS DECISION DENYING PROTEST OF WELLS INDUSTRIES CORP. AGAINST AWARD TO RUSSELL R. GANNON CO., INC. AND MOLECULAR PRODUCTS, INC. BY DEFENSE SUPPLY AGENCY FOR FURNISHING QUANTITIES OF DESICCANT CONTAINERS WITH DESICCANT. LOW BIDDER WHO OFFERED TO SUPPLY PRODUCT MANUFACTURED IN ITS SANTA ANA FACILITY WHEN ONLY PRODUCT MANUFACTURED IN ITS CHARLES TOWN, WEST VIRGINIA PLANT WAS QUALIFIED AS REQUIRED BY THE INVITATION HAS OFFERED TO SUPPLY AN UNQUALIFIED PRODUCT SINCE SANTA ANA PLANT WAS NOT LISTED ON QUALIFIED PRODUCTS LISTS AND FACT THAT PROCURING AGENCY WAS ADVISED THAT ALL EQUIPMENT AND PERSONNEL FROM BIDDER'S QUALIFIED PLANT HAD MOVED TO THE CALIFORNIA PLANT DOES NOT RENDER BID RESPONSIVE.

TO WELLS INDUSTRIES CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 17, 1969, PROTESTING THE AWARD OF CONTRACTS UNDER INVITATION FOR BIDS DSA700-69-B-2811, TO RUSSELL R. GANNON COMPANY, INC., AND MOLECULAR PRODUCTS, INC.

INVOLVED IN THIS PROCUREMENT WERE VARIOUS QUANTITIES OF TYPE MA-1 DESICCANT CONTAINERS WITH DESICCANT AND TYPE MA-2 DEHYDRATOR CONTAINERS. BOTH OF THESE ITEMS WERE QUALIFIED END PRODUCTS LISTED ON RESPECTIVE QUALIFIED PRODUCTS LISTS (QPLS) SET OUT IN CLAUSE 2.105 OF THE SOLICITATION. THAT CLAUSE ALSO STATED, IN PART:

"/A) AWARDS FOR ANY END ITEMS WHICH ARE REQUIRED TO BE QUALIFIED PRODUCTS WILL BE MADE ONLY WHEN SUCH ITEMS HAVE BEEN TESTED AND ARE QUALIFIED FOR INCLUSION IN A QUALIFIED PRODUCTS LIST IDENTIFIED BELOW (WHETHER OR NOT ACTUALLY INCLUDED IN THE LIST) AT THE TIME SET FOR OPENING OF BIDS, OR THE TIME OF AWARD IN THE CASE OF NEGOTIATED CONTRACTS. * * *"

YOUR FIRM WAS LISTED ON EACH OF THE QPLS AS HAVING QUALIFIED A PRODUCT WHICH HAD BEEN MANUFACTURED AT YOUR CHARLES TOWN, WEST VIRGINIA PLANT. HOWEVER, IN YOUR BID, OPENED WITH OTHERS ON APRIL 24, 1969, YOU STATED ON PAGE 9 THAT YOUR PLACE OF MANUFACTURE WAS "DEVICES AND COMPONENTS CO., DIV. OF WELLS INDUSTRIES CORP.' LOCATED AT "3034 SO. KILSON DR., SANTA ANA, ORANGE, CALIFORNIA 92707.'

BECAUSE OF THIS CHANGE IN PLANT SITES AND THE FACT THAT THERE HAD BEEN NO EXTENSION OF QUALIFICATION TO YOUR SANTA ANA FACILITY, THE CONTRACTING OFFICER DETERMINED ON THE BASIS OF PARAGRAPH 4-108 OF DEFENSE STANDARDIZATION MANUAL 4120.3-M THAT YOU WERE, IN EFFECT, OFFERING A NONQUALIFIED PRODUCT. THEREFORE, ON MAY 22, 1969, THE CONTRACTING OFFICER DETERMINED TO REJECT YOUR BID FOR FAILURE TO COMPLY WITH AN ESSENTIAL INVITATION REQUIREMENT PURSUANT TO ASPR 2-404.2 (A). THIS ACTION WAS TAKEN NOTWITHSTANDING THE FACT THAT ON MAY 6, 1969, YOUR FIRM NOTIFIED THE PROCURING AGENCY THAT ALL MANUFACTURING EQUIPMENT AND KEY PERSONNEL INVOLVED IN THE PRODUCTION OF THE REQUIRED ITEMS AT YOUR WEST VIRGINIA PLANT HAD BEEN RELOCATED TO YOUR SANTA ANA PLANT.

THE QPLS REFERENCED IN CLAUSE 2.105 REQUIRED YOU TO SUBMIT QUALIFIED PRODUCTS PRODUCED AT YOUR CHARLES TOWN, WEST VIRGINIA, FACILITY. IN THIS CONNECTION, YOU WERE ADVISED IN A LETTER OF APRIL 9, 1965, WHICH NOTIFIED YOU THAT YOUR TYPE MA-1 OXYGEN PURIFIER CARTRIDGE HAD QUALIFIED UNDER MIL- C-4952 FOR INCLUSION ON THE APPROPRIATE QPL, THAT: "2. QUALIFICATION OF THE PRODUCT APPLIES ONLY TO THE PRODUCT MANUFACTURED AT THE CHARLES TOWN, WEST VIRGINIA 25414 PLANT WHICH PRODUCED THE SAMPLES TESTED. IF EXTENSION OF QUALIFICATION IS DESIRED TO THE PRODUCT AS MANUFACTURED AT ANY OTHER OF YOUR PLANTS, ADDITIONAL TESTING WILL BE REQUIRED. A REQUEST FOR SUCH EXTENSION AND DETAILS OF THE ADDITIONAL TESTING SHOULD BE MADE TO:

"SEG/SEMSF)

"WRIGHT-PATTERSON AFB, OHIO 45433"

EXAMINATION OF THE QPLS INVOLVED INDICATES THAT YOUR SANTA ANA PLANT IS NOT LISTED THEREON. CONSEQUENTLY, YOUR OFFER TO SUPPLY PRODUCTS PRODUCED AT THAT PLANT WAS AN OFFER TO SUPPLY AN UNQUALIFIED PRODUCT. THIS WAS PATENTLY CONTRARY TO CLAUSE 2.105 AND, HENCE, YOUR BID WAS NONRESPONSIVE IN A MATERIAL RESPECT. FURTHERMORE, SINCE THE NONRESPONSIVENESS OF YOUR BID WAS DETERMINABLE WITHIN THE FOUR CORNERS OF THE BID, WE DO NOT FEEL THAT IT IS NECESSARY TO DISCUSS THE LEGAL FORCE AND EFFECT OF DEFENSE STANDARDIZATION MANUAL 4120.3-M ON YOUR BID.

UNDER THESE CIRCUMSTANCES, WE SEE NO VALID BASIS ON WHICH WE COULD DISAGREE WITH THE ACTION OF THE PROCURING AGENCY IN REJECTING YOUR BID. YOUR PROTEST THEREFORE IS DENIED.