B-167367, AUG. 26, 1969

B-167367, AUG. 26, 1969

BID PROTEST - INVITATION FAILURE DECISION DENYING PROTEST OF MODEL LAUNDRY AND DRY CLEANERS AGAINST CLEANING SERVICE REQUIREMENTS CONTRACT FOR SIERRA ARMY DEPOT ON BASIS OF FAILURE TO RECEIVE INVITATION. FACT THAT CURRENT CONTRACTOR DID NOT SUBMIT BID BECAUSE HE DID NOT RECEIVE INVITATION WOULD NOT HAVE PLACED CONTRACTING PERSONNEL ON NOTICE OF NONRECEIPT OF INVITATION AND THEREFORE ON BASIS OF STATEMENT THAT INVITATION WAS MAILED TO ALL POTENTIAL BIDDERS, THERE IS NO ALTERNATIVE BUT TO DENY PROTEST.

TO MODEL LAUNDRY AND DRY CLEANERS OF SUSANVILLE, INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM AND LETTER OF JUNE 27, 1969, PROTESTING YOUR FAILURE TO RECEIVE BIDDING INFORMATION AND BID FORMS COVERING LAUNDRY AND DRY CLEANING SERVICES AT THE SIERRA ARMY DEPOT AT HERLONG, CALIFORNIA, FOR WHICH YOU WERE THE CURRENT CONTRACTOR UNTIL JUNE 30, 1969, EVEN THOUGH YOU REQUESTED THE GENERAL SERVICES ADMINISTRATION (GSA) TO PUT YOU ON ITS BIDDING LIST FOR BIDS COMING UP IN YOUR AREA.

THE SOLICITATION, ISSUED BY THE SAN FRANCISCO REGIONAL OFFICE OF GSA ON APRIL 7, 1969, WAS FOR A REQUIREMENTS CONTRACT FOR LAUNDRY AND DRY CLEANING AND RELATED SERVICES FOR VARIOUS SERVICE AREAS IN CALIFORNIA AND NEVADA FOR THE PERIOD JULY 1, 1969, THROUGH JUNE 30, 1970.

THE FEDERAL AGENCIES LOCATED WITHIN THE SAN FRANCISCO REGION WERE REQUESTED TO SUBMIT REQUIREMENTS FOR LAUNDRY AND DRY CLEANING SERVICES FOR THE ENSUING CONTRACT PERIOD ON SEPTEMBER 11, 1968. SHORTLY THEREAFTER, THE SIERRA ARMY DEPOT ADVISED THE GSA REGIONAL OFFICE WITH REGARD TO THE DEPOT'S REQUIREMENTS AND FURNISHED THE NAMES OF THREE POTENTIAL BIDDERS, INCLUDING YOUR COMPANY. GSA ADVISES US THAT THE SIERRA DEPOT HAD NEVER BEFORE REQUESTED THE REGIONAL OFFICE TO MAKE A PROCUREMENT OF THIS NATURE AND THAT ITS PROCUREMENT PERSONNEL DID NOT KNOW THAT YOUR COMPANY WAS THE THEN CURRENT CONTRACTOR. IN ANY EVENT, COPIES OF THE SOLICITATION WERE MAILED TO ALL BIDDERS LISTED ON THE GSA REGIONAL OFFICE'S MAILING LIST AS WELL AS TO THE POTENTIAL BIDDERS, INCLUDING YOUR COMPANY, WHOSE NAMES WERE FURNISHED TO GSA BY THE DEPOT. SEVENTEEN INVITATIONS WERE ISSUED. THE GSA REGIONAL OFFICE IS UNABLE TO SUPPLY ANY INFORMATION AS TO WHY YOU DID NOT RECEIVE YOUR COPY OF THE SOLICITATION. THE PROCUREMENT ALSO WAS PUBLICIZED IN THE COMMERCE BUSINESS DAILY EDITION OF APRIL 14, 1969, AS REQUIRED BY SECTION 1-1.1003-2 (A) OF THE FEDERAL PROCUREMENT REGULATIONS. SEVEN BIDS WERE RECEIVED. BIDS WERE OPENED ON APRIL 28, 1969, AND ONLY ONE BID FOR THE HERLONG, CALIFORNIA, AREA WAS RECEIVED FROM RED STAR INDUSTRIAL SERVICE, ONE OF THE BIDDERS WHOSE NAME WAS FURNISHED BY THE DEPOT. BECAUSE THERE WAS DEEMED TO BE SUFFICIENT COMPETITION AND BECAUSE THE PRICES BID WERE CONSIDERED TO BE REASONABLE, AWARD WAS MADE TO THAT BIDDER ON MAY 15, 1969.

IT IS UNFORTUNATE THAT A COPY OF THE INVITATION WAS NOT RECEIVED BY YOU. GSA HAS REPORTED TO US THAT COPIES WERE SENT TO ALL POTENTIAL BIDDERS OF RECORD, THOSE ON GSA PROCUREMENT LISTINGS AS WELL AS THOSE FURNISHED BY THE REQUISITIONING DEPOT. IT IS RECOGNIZED THAT THIS IS NOT CONCLUSIVE EVIDENCE THAT A COPY OF THE INVITATION WAS SENT TO YOU; HOWEVER, IT HAS CONSISTENTLY BEEN OUR POSITION THAT A FAILURE ON THE PART OF THE GOVERNMENT TO SEND A COPY OF AN INVITATION FOR BIDS TO AN INTERESTED FIRM DOES NOT ORDINARILY REQUIRE EITHER A READVERTISEMENT FOR BIDS OR THE ACCEPTANCE OF A BID SUBMITTED AFTER THE TIME FIXED FOR OPENING OF BIDS. 40 COMP. GEN. 126. FURTHER, BASED ON THE PRESENT RECORD, THERE IS NO INDICATION THAT THERE WAS ANY CONSCIOUS OR DELIBERATE INTENTION TO EXCLUDE YOU OR ANY OTHER PROSPECTIVE CONTRACTOR FROM PARTICIPATING IN THE PROCUREMENT. EVEN IF THE PROCUREMENT PERSONNEL HAD KNOWN YOU WERE THE CURRENT CONTRACTOR, THIS FACT ALONE WOULD NOT HAVE PLACED THEM ON NOTICE THAT THE ABSENCE OF A BID FROM YOU INDICATED NONRECEIPT OF THE INVITATION OR REQUIRED COMMUNICATION WITH YOU CONCERNING THE ABSENCE OF YOUR BID SINCE IT WAS BELIEVED THAT ALL LISTED PROSPECTIVE BIDDERS HAD BEEN CONTACTED.

ACCORDINGLY, ON THE RECORD BEFORE US, WE HAVE NO ALTERNATIVE BUT TO DENY YOUR PROTEST. SEE 42 COMP. GEN. 36; 34 ID. 684.