B-167579(2), OCT. 16, 1969

B-167579(2): Oct 16, 1969

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AMENDMENT REQUIREMENT AFTER INVITATION WAS ISSUED REQUESTING BIDS ON MULTI-YEAR AND SINGLE YEAR BASIS. WERE SENT TO PROSPECTIVE BIDDERS TO CLARIFY INVITATION. UNSUCCESSFUL BIDDER'S PROTEST TO AWARD ON BASIS THAT IT WAS ONLY BIDDER TO ACKNOWLEDGE AMENDMENTS AND TWX MESSAGES AND THAT ALL OTHER BIDDERS WERE NONRESPONSIVE WAS DENIED FOR. WHILE GAO BELIEVES LETTER FORWARDING RACK CHART AND TWX MESSAGE REGARDING RELIABILITY DEMONSTRATION SHOULD HAVE BEEN TRANSMITTED AS FORMAL AMENDMENTS TO INVITATION. FAILURE TO ACKNOWLEDGE WAS NOT MATERIAL AND AWARD AS PROPOSED IS APPROVED. SECRETARY: ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO GENERAL DYNAMICS. IT WAS STATED THAT AWARD WAS CONTEMPLATED ON THE MULTI-YEAR BASIS.

B-167579(2), OCT. 16, 1969

SPECIFICATIONS--CHANGES, REVISIONS, ETC.--AMENDMENT REQUIREMENT AFTER INVITATION WAS ISSUED REQUESTING BIDS ON MULTI-YEAR AND SINGLE YEAR BASIS, WITH BIDDERS ON MULTI-YEAR BASIS ONLY TO BE CONSIDERED NONRESPONSIVE, SERIES OF FORMAL INVITATION AMENDMENTS, AS WELL AS LETTERS AND TELEGRAPHIC MESSAGES, WERE SENT TO PROSPECTIVE BIDDERS TO CLARIFY INVITATION. UNSUCCESSFUL BIDDER'S PROTEST TO AWARD ON BASIS THAT IT WAS ONLY BIDDER TO ACKNOWLEDGE AMENDMENTS AND TWX MESSAGES AND THAT ALL OTHER BIDDERS WERE NONRESPONSIVE WAS DENIED FOR, WHILE GAO BELIEVES LETTER FORWARDING RACK CHART AND TWX MESSAGE REGARDING RELIABILITY DEMONSTRATION SHOULD HAVE BEEN TRANSMITTED AS FORMAL AMENDMENTS TO INVITATION, FAILURE TO ACKNOWLEDGE WAS NOT MATERIAL AND AWARD AS PROPOSED IS APPROVED.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO GENERAL DYNAMICS, ELECTRONICS DIVISION, IN RESPONSE TO ITS PROTEST UNDER YOUR SOLICITATION NO. F34601-69-B-0519 ISSUED ON MARCH 14, 1969, FOR DOD STANDARD VOICE MULTIPLEX EQUIPMENT.

THE INVITATION IN QUESTION REQUESTED BIDS ON A MULTI-YEAR BASIS AND ALSO BIDS ON A SINGLE-YEAR BASIS. IT WAS STATED THAT AWARD WAS CONTEMPLATED ON THE MULTI-YEAR BASIS, BUT THAT THE GOVERNMENT RESERVED THE RIGHT TO MAKE A SINGLE-YEAR AWARD IN THE EVENT ONLY ONE RESPONSIVE BID WAS RECEIVED FOR THE MULTI-YEAR REQUIREMENT. BIDDERS WERE FURTHER ADVISED THAT BIDS SUBMITTED ON A MULTI-YEAR BASIS ONLY WOULD BE CONSIDERED NONRESPONSIVE.

AFTER ISSUANCE OF THE INVITATION, YOUR DEPARTMENT ISSUED A SERIES OF FORMAL INVITATION AMENDMENTS. IN ADDITION, A NUMBER OF LETTERS AND TELEGRAPHIC MESSAGES WERE SENT TO THE POTENTIAL BIDDERS CLARIFYING THE INVITATION. LETTERS DATED MAY 15 AND JULY 11, 1969 WERE SENT TO ALL POTENTIAL BIDDERS WITH REGARD, RESPECTIVELY, TO A MISSING RACK CHART AND BIDDING INSTRUCTIONS. A TWX MESSAGE WAS ALSO SENT TO ALL POTENTIAL BIDDERS ON JULY 11, 1969, CONCERNING TESTING REQUIREMENTS.

WE BELIEVE THAT, IN ACCORDANCE WITH ASPR 2-208, THE INFORMATION TRANSMITTED IN THE 2 LETTERS AND TWX MESSAGE SHOULD HAVE BEEN TRANSMITTED BY FORMAL AMENDMENT TO THE INVITATION. WE TRUST THAT YOUR DEPARTMENT WILL ISSUE APPROPRIATE INSTRUCTIONS IN THIS REGARD TO THE VARIOUS CONTRACTING OFFICIALS IN THE AIR FORCE.

FINALLY, WE HAVE REVIEWED YOUR PROPOSED RESPONSE TO THE PHILCO-FORD PROTEST FILED WITH YOUR DEPARTMENT. THAT FIRM HAD ACKNOWLEDGED IN ITS BID RECEIPT OF ALL THE LETTERS AND TWX MESSAGES AS WELL AS THE 8 FORMAL AMENDMENTS. (APPARENTLY NONE OF THE OTHER BIDDERS HAD ACKNOWLEDGED THESE LETTERS AND TWX'S.) PHILCO-FORD ALLEGED THAT ALL BIDS FAILING TO ACKNOWLEDGE THE MAY 15 LETTER, WHICH FORWARDED THE RACK CHART, ARE NONRESPONSIVE. IT ALSO ALLEGED THAT THE TWX MESSAGE OF JULY 11, 1969, SENT TO ALL POTENTIAL BIDDERS REGARDING RELIABILITY DEMONSTRATIONS SHOULD HAVE BEEN ACKNOWLEDGED BY BIDDERS, BECAUSE IT CHANGED THE TESTING REQUIREMENTS.

YOUR DEPARTMENT IS OF THE VIEW THAT THE ABSENCE OF THE RACK CHART WAS APPARENT UPON EXAMINATION OF THE SOLICITATION; AND THAT THE MAILING OF THIS CHART ON MAY 15 DID NOT MODIFY THE SOLICITATION BUT MERELY CORRECTED THE ERROR OF OMISSION; AND, THEREFORE ACKNOWLEDGEMENT BY BIDDERS OF THE RECEIPT OF THE CHART WAS NOT REQUIRED. REGARDING THE JULY 11 TWX, YOUR DEPARTMENT STATES THAT NO CHANGE IN THE TESTING REQUIREMENTS WAS INTENDED BY THE REFERENCE IN THE TWX TO A RELIABILITY DEMONSTRATION, THAT THE TWX WAS RELATED TO CERTAIN TEST AND REPORTING PROCEDURES SET FORTH IN THE SOLICITATION, AND WAS INTENDED MERELY TO CLARIFY THE REQUIRED PROCEDURES.

AS STATED, WE BELIEVE THE RACK CHART AND MESSAGE OF JULY 11 SHOULD BOTH HAVE BEEN TRANSMITTED AS FORMAL AMENDMENTS TO THE INVITATION. WE AGREE WITH YOUR DEPARTMENT, HOWEVER, THAT THE FAILURE TO ACKNOWLEDGE THESE MESSAGES WAS NOT MATERIAL. ACCORDINGLY, WE HAVE NO OBJECTION TO AN AWARD TO HONEYWELL, INCORPORATED, AS PROPOSED.