B-171135(2), FEB 1, 1971

B-171135(2): Feb 1, 1971

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

A PROVISION OF THE INVITATION PROVIDING THAT BIDDERS SUBMIT WRITTEN PERMISSION FOR THE USE OF GOVERNMENT-OWNED PROPERTY HAS BEEN COMPLIED WITH BY NORRIS BY THE FACT THAT THEIR BID WAS ACCOMPAINED BY A LETTER REQUESTING USE OF GOVERNMENT-OWNED PRODUCTION AND RESEARCH PROPERTY WHICH WAS APPROVED. THERE IS NO BASIS FOR PROTEST. SILVERSTEIN & REMICK: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5. THE SUBJECT SOLICITATION WAS ISSUED ON SEPTEMBER 22. TEN BIDS WERE RECEIVED AND OPENED ON OCTOBER 26. THE LOW EVALUATED BID WAS SUBMITTED BY NORRIS INDUSTRIES. WE WERE NOTIFIED ON DECEMBER 23. PURSUANT TO ASPR 2-407.8(B)(3)(III) THAT AWARD WAS BEING MADE TO NORRIS PRIOR TO RESOLUTION OF THE PROTEST AND PRIOR TO EXPIRATION OF ITS BID ON DECEMBER 25.

B-171135(2), FEB 1, 1971

BID PROTEST - RESPONSIVENESS OF LOW BIDDER DENIAL OF PROTEST BY INTERCONTINTAL MANUFACTURING COMPANY, INC., AGAINST CONTRACT FOR 85,905 BOMB BODIES ISSUED BY NAVAL SHIP PARTS CONTROL CENTER, AND AWARDED TO NORRIS INDUSTRIES, INC. A PROVISION OF THE INVITATION PROVIDING THAT BIDDERS SUBMIT WRITTEN PERMISSION FOR THE USE OF GOVERNMENT-OWNED PROPERTY HAS BEEN COMPLIED WITH BY NORRIS BY THE FACT THAT THEIR BID WAS ACCOMPAINED BY A LETTER REQUESTING USE OF GOVERNMENT-OWNED PRODUCTION AND RESEARCH PROPERTY WHICH WAS APPROVED. THEREFORE, THERE IS NO BASIS FOR PROTEST.

TO TECHNER, RUBIN, SHAPIRO, SILVERSTEIN & REMICK:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5, 1970, PROTESTING ON BEHALF OF INTERCONTINENTAL MANUFACTURING COMPANY, INCORPORATED, AGAINST AWARD OF A CONTRACT TO NORRIS INDUSTRIES, INCORPORATED, BY THE NAVAL SHIPS PARTS CONTROL CENTER, MECHANICSBURG, PENNSYLVANIA, PURSUANT TO SOLICITATION NO. N00104-71-B-0543.

THE SUBJECT SOLICITATION WAS ISSUED ON SEPTEMBER 22, 1970, FOR THE PROCUREMENT OF 85,905 MK 81, MOD 1, BOMB BODIES. TEN BIDS WERE RECEIVED AND OPENED ON OCTOBER 26, 1970. THE LOW EVALUATED BID WAS SUBMITTED BY NORRIS INDUSTRIES. WE WERE NOTIFIED ON DECEMBER 23, 1970, PURSUANT TO ASPR 2-407.8(B)(3)(III) THAT AWARD WAS BEING MADE TO NORRIS PRIOR TO RESOLUTION OF THE PROTEST AND PRIOR TO EXPIRATION OF ITS BID ON DECEMBER 25, 1970, AS NORRIS HAD REFUSED TO GRANT AN EXTENSION OF THE ACCEPTANCE PERIOD.

IT IS YOUR CONTENTION THAT THE NORRIS BID SHOULD HAVE BEEN REJECTED AS NONRESPONSIVE SINCE NORRIS INDICATED THAT IT WOULD REQUIRE THE USE OF GOVERNMENT-OWNED PROPERTY BUT DID NOT SUBMIT WITH ITS BID WRITTEN PERMISSION FOR THE USE OF SUCH PROPERTY AS REQUIRED BY THE PROVISIONS OF THE INVITATION ENTITLED, "EVALUATION FACTOR FOR USE OF GOVERNMENT OWNED RESEARCH AND PRODUCTION PROPERTY AND SPECIAL TOOLING".

WE HAVE BEEN ADVISED BY THE CONTRACTING OFFICER THAT THE NORRIS BID WAS ACCOMPANIED BY A LETTER DATED OCTOBER 1, 1970, COPY ENCLOSED, ADDRESSED TO THE DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, 11099 SOUTH LA CIENEGA BOULEVARD, LOS ANGELES, CALIFORNIA 90045, TO THE ATTENTION OF MR. THEODORE E. LIRINGIS, ACO, REQUESTING APPROVAL FOR USE OF GOVERNMENT-OWNED PRODUCTION AND RESEARCH PROPERTY UNDER CONTRACT NOS. DAAG07-70-C-0336 AND DAAG07-70-C-0250 IN CONNECTION WITH THE SUBJECT SOLICITATION. R. B. PATTERSON, DCAS ADMINISTRATIVE CONTRACTING OFFICER, APPROVED THE REQUEST ON OCTOBER 2, 1970, BY SIGNING THE SECOND PAGE OF NORRIS' LETTER AS THE "CONTRACTING OFFICER HAVING COGNIZANCE OF THE FACILITIES".

IN VIEW THEREOF, THERE IS NO BASIS FOR OUR OFFICE TO SUSTAIN YOUR PROTEST. FOR YOUR INFORMATION, ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE ATTORNEY FOR AMF, INCORPORATED, DENYING ITS PROTEST AGAINST THE AWARD OF A CONTRACT TO NORRIS.