B-170854(2), FEB 11, 1971

B-170854(2): Feb 11, 1971

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SPENCE: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE CROWELL CORPORATION DENYING ITS PROTEST AGAINST REJECTION OF ITS BID FOR FURNISHING 10. THERE WAS NO STATEMENT INCLUDED AS TO THE CONSEQUENCES OF THE FAILURE TO SUBMIT SAMPLES OR OF THE SUBMISSION OF NONCONFORMING SAMPLES. THIS OMISSION IS BROUGHT TO YOUR ATTENTION IN THE HOPE THAT FUTURE SAMPLE REQUIREMENT CLAUSES WILL CONTAIN THE APPROPRIATE PROVISIONS SET FORTH IN 37 COMP. CARE SHOULD BE TAKEN TO INSURE THAT SAMPLES ARE REQUIRED TO BE SUBMITTED WITH BIDS ONLY WHERE NECESSARY FOR THEIR PROPER EVALUATION.

B-170854(2), FEB 11, 1971

CONTRACTS - PROCUREMENTS ADVISING THAT IN FUTURE PROCUREMENTS WHERE THE PURCHASE REQUEST STATES THAT A SAMPLE MUST BE SUBMITTED AS PART OF ANY BID PRIOR TO OPENING A STATEMENT AS TO THE CONSEQUENCES OF FAILURE TO SUBMIT THE SAMPLE SHOULD BE INCLUDED.

TO MR. SPENCE:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE CROWELL CORPORATION DENYING ITS PROTEST AGAINST REJECTION OF ITS BID FOR FURNISHING 10,000 ROLLS OF KRAFT GUMMED PAPER-TAPE, TYPE I - REINFORCED, IN ACCORDANCE WITH FEDERAL SPECIFICATION PPP-T-45A, UNDER PURCHASE REQUEST NO. 20390.

IT SHOULD BE NOTED THAT WHILE THE PURCHASE REQUEST STATED THAT A SAMPLE MUST BE SUBMITTED AS PART OF ANY BID PRIOR TO BID OPENING, THERE WAS NO STATEMENT INCLUDED AS TO THE CONSEQUENCES OF THE FAILURE TO SUBMIT SAMPLES OR OF THE SUBMISSION OF NONCONFORMING SAMPLES. SEE 37 COMP. GEN. 845 (1958). THIS OMISSION IS BROUGHT TO YOUR ATTENTION IN THE HOPE THAT FUTURE SAMPLE REQUIREMENT CLAUSES WILL CONTAIN THE APPROPRIATE PROVISIONS SET FORTH IN 37 COMP. GEN. 845.

WHILE WE DO NOT QUESTION THE INCLUSION OF THE SAMPLE REQUIREMENT IN THIS CASE FOR THE REASONS SET FORTH IN YOUR LETTER OF JANUARY 13, 1971, CARE SHOULD BE TAKEN TO INSURE THAT SAMPLES ARE REQUIRED TO BE SUBMITTED WITH BIDS ONLY WHERE NECESSARY FOR THEIR PROPER EVALUATION. SEE 17 COMP. GEN. 940 (1938); 34 ID. 180 (1954) AND 43 ID. 465, 470 (1963).