B-167813, OCT. 14, 1969

B-167813, OCT. 14, 1969

TO AMCO TOOL AND STAMPING CO.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 25, 1969, PROTESTING YOUR INABILITY TO BID UNDER DEPARTMENT OF THE NAVY SOLICITATION NO. N00104 -70-B-0121, ISSUED BY THE NAVY SHIPS PARTS CONTROL CENTER, MECHANICSBURG, PENNSYLVANIA.

THE SOLICITATION WAS ISSUED ON JUNE 16, 1969, TO 78 PROSPECTIVE BIDDERS FOR A REQUIREMENT OF 126,312 TRASH CONTAINERS, WITH THE RIGHT TO PURCHASE 116,312 ADDITIONAL UNITS DURING THE LIFE OF THE CONTRACT. THE CONTAINERS WERE FOR REPLENISHMENT OF SYSTEM STOCK AND THEIR FUNCTION IS TO DISPOSE OF WASTE MATERIALS WITHOUT DISCLOSING OR COMPROMISING THE SECURITY LOCATION OF SUBMARINES. THE BID OPENING DATE WAS SET FOR JULY 14, 1969. THE REQUIREMENT WAS SYNOPSIZED IN THE DEPARTMENT OF COMMERCE BUSINESS DAILY AND PUBLICLY DISPLAYED IN THE SHIPS PARTS CONTROL CENTER (SPCC) BID ROOM.

TWELVE BIDS WERE RECEIVED RANGING IN UNIT PRICE FROM $1.1086 TO $2.99 AND TOTAL AMOUNTS FROM $140,029,48 TO $377,672.88. A PREAWARD SURVEY WAS REQUESTED TO DETERMINE RESPONSIBILITY OF THE LOW RESPONSIVE BIDDER, INDUSTRIAL PRECISION PRODUCTS.

PRIOR TO AWARD, YOUR COMPANY, A PREVIOUS SUPPLIER OF THE ITEM, NOTIFIED THE CONTRACTING OFFICER THAT IT WAS NOT SOLICITED. YOU WERE INFORMED OF THE SPCC POLICY GOVERNING SOLICITATIONS AND THE REASON WHY YOU WERE NOT SOLICITED. YOU REQUEST THAT THE PROCUREMENT BE RESOLICITED SO AS TO ENABLE YOU TO COMPETE FOR THE AWARD.

IT IS ADMINISTRATIVELY REPORTED THAT THE SELECTION OF PROSPECTIVE BIDDERS ON SOLICITATIONS FROM THE SPCC IS MADE UNDER THE FOLLOWING PROCEDURE. THE PROCUREMENT HISTORY OF EACH STOCKED ITEM, .E., PREVIOUS SUPPLIER'S NAMES, QUANTITIES, PRICES, AND CONTRACT DATES ARE PLACED IN ELECTRONIC DATA PROCESSING EQUIPMENT BY FEDERAL STOCK NUMBER. AS A REQUIREMENT IS GENERATED, THE PROCUREMENT HISTORY IS EXTRACTED AND FORWARDED WITH THE REQUIREMENT TO THE PURCHASE DIVISION BY MEANS OF A PURCHASE REQUEST WORKSHEET. THIS DATA, PLUS A MECHANIZED BIDDER'S LIST, IS USED TO COMPLETE THE LIST OF BIDDERS. IN ISSUING SOLICITATIONS, IT IS SPCC POLICY TO SOLICIT ALL SUCCESSFUL BIDDERS ON PREVIOUS PROCUREMENTS. HOWEVER, A REVIEW OF THE PROCUREMENT HISTORY APPLICABLE TO SOLICITATION -0121 REVEALS THAT THROUGH A MECHANCIAL FAILURE, THE LIST OF PREVIOUS SUPPLIERS DID NOT CONTAIN THE NAME OF YOUR COMPANY. THE PURCHASE REQUEST WORKSHEET RECEIVED WITH THE REQUIREMENT DID NOT IDENTIFY YOUR COMPANY WITH ANY OF THE PREVIOUS CONTRACTS.

IT IS REPORTED THAT THE PROCUREMENT WAS SYNOPSIZED IN ACCORDANCE WITH THE REQUIREMENTS OF PARAGRAPH 1-1003 OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR) AND THAT COPIES WERE PUBLICLY DISPLAYED IN ACCORDANCE WITH ASPR 1-1002.4. THE SOLICITATION WAS WIDELY DISTRIBUTED TO ALL KNOWN INTERESTED BIDDERS AND IT THUS APPEARS THAT THE PROCUREMENT WAS ADVERTISED AS CONTEMPLATED BY THE REGULATORY REQUIREMENTS AND 10 U.S.C. 2305. SEE ASPR 2-203.1. WHILE IT IS REGRETTABLE THAT YOUR FIRM WAS NOT AUTOMATICALLY FURNISHED WITH COPIES OF THE SOLICITATION, COPIES WERE OTHERWISE AVAILABLE TO YOU IF YOU HAD REQUESTED THE SAME PRIOR TO BID OPENING. THERE DOES NOT APPEAR TO HAVE BEEN ANY INTENT OR PURPOSE ON THE PART OF THE DEPARTMENT TO PRECLUDE YOUR FIRM FROM BIDDING. OUR OFFICE IS NOT REQUIRED TO QUESTION A PROCUREMENT MERELY BECAUSE OF A FAILURE TO FURNISH AN INTERESTED FIRM WITH A COPY OF THE INVITATION, ESPECIALLY WHERE, AS HERE, SUFFICIENT CIRCULARIZATION OF THE INDUSTRY WAS ACCOMPLISHED. SEE 34 COMP. GEN. 684. HOWEVER, WE ARE REQUESTING THE DEPARTMENT OF THE NAVY TO TAKE APPROPRIATE STEPS TO PLACE YOUR COMPANY'S NAME ON THE APPLICABLE BIDDER'S LIST AND TO ASSURE THAT INVITATIONS WILL BE FURNISHED TO YOUR COMPANY ON FUTURE PROCUREMENTS OF THE ITEM COVERED BY THE INSTANT SOLICITATION.

THE DEPARTMENT HAS DETERMINED THAT THE SUCCESSFUL BIDDER WAS QUALIFIED TO PERFORM THE CURRENT CONTRACT AND ON SEPTEMBER 11, 1969, A PRELIMINARY NOTICE OF AWARD WAS ISSUED TO THE LOW OFFEROR, INDUSTRIAL PRECISION PRODUCTS, PURSUANT TO AUTHORITY CONTAINED IN ASPR 2-407.9 (B) (2), ON THE BASIS THAT THE SUPPLIES ARE URGENTLY NEEDED. NO LEGAL BASIS EXISTS FOR QUESTIONING THAT AWARD.

FOR THE FOREGOING REASONS, WE FIND NO BASIS FOR OBJECTING TO THE PROCEDURES FOLLOWED BY THE DEPARTMENT IN CONNECTION WITH THIS PROCUREMENT. B-138281, FEBRUARY 13, 1959.