B-169545, DEC. 21, 1970

B-169545: Dec 21, 1970

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THE INVITATION FOR BIDS ISSUED TO OBTAIN OFFERS FROM MOBILE HOME MANUFACTURERS OF WHATEVER TYPE OF UNIT THEY WERE WILLING TO SUPPLY IN CASE OF DISASTER. WAS CANCELLED ON THE BASIS THAT SPECIFICATIONS FOR THE EQUIPMENT TO BE FURNISHED WERE NOT STATED IN SUFFICIENT DETAIL TO PERMIT COMPETITION. WE ARE ADVISED BY HUD THAT THE SUBJECT INVITATION HAD AS ITS GOAL THE OBTAINING OF PRICED OFFERS FROM MOBILE HOME MANUFACTURERS OF WHATEVER TYPE OF UNIT THOSE MANUFACTURERS WERE WILLING TO SUPPLY IN CASE A DISASTER CREATED A NEED FOR THESE HOMES. THE BID OPENING DATE WAS APRIL 9. THE BASIS FOR YOUR PROTEST IS THAT THE SPECIFICATIONS FOR THE EQUIPMENT TO BE FURNISHED WERE NOT STATED IN SUFFICIENT DETAIL TO PERMIT FULL AND FREE COMPETITION AS REQUIRED IN 41 U.S.C. 253 AS IMPLEMENTED BY PARAGRAPH 1-2.201 OF THE FEDERAL PROCUREMENT REGULATIONS.

B-169545, DEC. 21, 1970

BID PROTEST - NEGOTIATIONS - FULL AND FREE COMPETITION ADVISING THAT AS A RESULT OF PROTEST OF BUTLER HOMES, INC., THE INVITATION FOR BIDS ISSUED TO OBTAIN OFFERS FROM MOBILE HOME MANUFACTURERS OF WHATEVER TYPE OF UNIT THEY WERE WILLING TO SUPPLY IN CASE OF DISASTER, WAS CANCELLED ON THE BASIS THAT SPECIFICATIONS FOR THE EQUIPMENT TO BE FURNISHED WERE NOT STATED IN SUFFICIENT DETAIL TO PERMIT COMPETITION.

TO BUTLER HOMES, INC.:

WE REFER AGAIN TO YOUR LETTER OF APRIL 6, 1970, PROTESTING ANY AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. CO-MH-70-72, ISSUED ON MARCH 10, 1970, BY THE OFFICE OF HOUSING MANAGEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).

WE ARE ADVISED BY HUD THAT THE SUBJECT INVITATION HAD AS ITS GOAL THE OBTAINING OF PRICED OFFERS FROM MOBILE HOME MANUFACTURERS OF WHATEVER TYPE OF UNIT THOSE MANUFACTURERS WERE WILLING TO SUPPLY IN CASE A DISASTER CREATED A NEED FOR THESE HOMES. THE BID OPENING DATE WAS APRIL 9, 1970.

THE BASIS FOR YOUR PROTEST IS THAT THE SPECIFICATIONS FOR THE EQUIPMENT TO BE FURNISHED WERE NOT STATED IN SUFFICIENT DETAIL TO PERMIT FULL AND FREE COMPETITION AS REQUIRED IN 41 U.S.C. 253 AS IMPLEMENTED BY PARAGRAPH 1-2.201 OF THE FEDERAL PROCUREMENT REGULATIONS. YOU CONTEND THAT ANY AWARD MADE UNDER THE SUBJECT INVITATION CANNOT PROPERLY RESULT IN A VALID CONTRACT AND IS NOTHING MORE THAN A BASIC ORDERING AGREEMENT AND THE TERMS AND CONDITIONS THEREOF SHOULD BE NEGOTIATED UNDER PART 1-3 OF THE FEDERAL PROCUREMENT REGULATIONS.

WE ARE IN RECEIPT OF A LETTER DATED DECEMBER 1, 1970, FROM THE GENERAL COUNSEL OF HUD, ADVISING OUR OFFICE THAT BIDS WERE RECEIVED UNTIL APRIL 9, 1970, AND WERE TO BE ACCEPTED WITHIN SIXTY DAYS OF THAT DATE. BECAUSE OF YOUR PROTEST, WE ARE ADVISED THAT ACTION WAS DEFERRED AND IT WAS SUBSEQUENTLY DETERMINED THAT NO AWARDS WOULD BE MADE UNDER THE SUBJECT INVITATION. FURTHER, HUD ADVISES THAT MOBILE HOMES WHICH WERE ACQUIRED LATER FOR "CELIA" VICTIMS WERE OBTAINED PURSUANT TO A SEPARATE TELEGRAPHIC SOLICITATION, RATHER THAN UNDER THE SUBJECT INVITATION.

IN VIEW OF THIS INFORMATION, NO FURTHER ACTION IS CONTEMPLATED BY OUR OFFICE AND WE ARE CLOSING OUR FILE IN THE MATTER.