B-171558, FEB 11, 1971

B-171558: Feb 11, 1971

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AN OFFER TO SUPPLY AN END PRODUCT TO BE PRODUCED AT A PLANT OTHER THAN THE ONE QUALIFIED (PROTESTANT WHOSE ITEMS WERE LISTED ON THE QUALIFIED END PRODUCTS LIST MOVED HIS PLANT LOCATION) IS AN OFFER TO SUPPLY AN UNQUALIFIED PRODUCT AND IS NONRESPONSIVE IN A MATERIAL RESPECT. I. GARMENT COMPANY: REFERENCE IS MADE TO YOUR PROTEST AGAINST AN AWARD UNDER INVITATION FOR BIDS (IFB) DSA100-71-B-0534. THE IFB WAS ISSUED NOVEMBER 13. BOTH ITEMS WERE QUALIFIED END PRODUCTS AND THE SOLICITATION WAS RESTRICTED TO SIX PROSPECTIVE BIDDERS LISTED ON QUALIFIED PRODUCTS LIST (QPL) NO. 23955- 5 DATED JULY 8. IFB'S WERE MAILED TO THE FIRMS INCLUDED THEREIN. IT WAS THEN DISCOVERED THAT H. IT WAS ALSO DURING THIS SAME TELEPHONIC COMMUNICATION THAT YOU WERE ADVISED OF THE POSSIBILITY THAT THE BID WOULD NOT BE CONSIDERED IN VIEW OF THE NEW PLANT SITE AS DIFFERING FROM THAT IN THE QPL IF A QUALIFICATION EXTENSION WAS NOT OBTAINED.

B-171558, FEB 11, 1971

BID PROTEST - BID RESPONSIVENESS - NEW PLANT SITE DENIAL OF PROTEST OF H. I. GARMENT COMPANY, LOW BIDDER, AGAINST THE AWARD OF AN ADVERTISED CONTRACT FOR COVERALL ASSEMBLY, ANTI-G, CUTAWAY, MARK 2A (NOMEX) ISSUED BY DEFENSE PERSONNEL SUPPORT CENTER, PHILADELPHIA, PENN., TO ANY OTHER BIDDER. AN OFFER TO SUPPLY AN END PRODUCT TO BE PRODUCED AT A PLANT OTHER THAN THE ONE QUALIFIED (PROTESTANT WHOSE ITEMS WERE LISTED ON THE QUALIFIED END PRODUCTS LIST MOVED HIS PLANT LOCATION) IS AN OFFER TO SUPPLY AN UNQUALIFIED PRODUCT AND IS NONRESPONSIVE IN A MATERIAL RESPECT.

TO H. I. GARMENT COMPANY:

REFERENCE IS MADE TO YOUR PROTEST AGAINST AN AWARD UNDER INVITATION FOR BIDS (IFB) DSA100-71-B-0534, ISSUED BY THE DEFENSE PERSONNEL SUPPORT CENTER, PHILADELPHIA, PENNSYLVANIA, TO A BIDDER OTHER THAN THE H. I. GARMENT COMPANY.

THE IFB WAS ISSUED NOVEMBER 13, 1970, FOR A TOTAL QUANTITY OF 2,682 UNITS OF TWO DIFFERENT TYPES OF COVERALL ASSEMBLY, ANTI-G, CUTAWAY, MARK 2A (NOMEX), SPECIFICATION MIL-C-23955A (AS), DATED OCTOBER 31, 1969. BOTH ITEMS WERE QUALIFIED END PRODUCTS AND THE SOLICITATION WAS RESTRICTED TO SIX PROSPECTIVE BIDDERS LISTED ON QUALIFIED PRODUCTS LIST (QPL) NO. 23955- 5 DATED JULY 8, 1970. IFB'S WERE MAILED TO THE FIRMS INCLUDED THEREIN, THAT TO H. I. GARMENT SENT TO THE LISTED ADDRESS OF 6140 COTTAGE GROVE AVENUE, CHICAGO, ILLINOIS 60637, BEING RETURNED UNOPENED, STAMPED "MOVED - WITH NO FORWARDING ADDRESS."

FROM THE RECORD IT APPEARS THAT SUBSEQUENT THERETO, YOU TELEPHONED MR. I. H. KUHLEN, PROCUREMENT AGENT, ON NOVEMBER 23, 1970, INFORMING HIM THAT YOU HAD LEARNED OF THE INSTANT PROCUREMENT, AND CONSIDERING THAT H. I. GARMENT HAD BEEN INVOLVED PREVIOUSLY IN SIMILAR PROCUREMENTS, INQUIRED AS TO WHY YOU HAD NOT RECEIVED AN IFB, AND IF YOU COULD STILL BID ON THE PRODUCT. IT WAS THEN DISCOVERED THAT H. I. GARMENT HAD MOVED ITS LOCATION TO 7730 SOUTH CHICAGO AVENUE, CHICAGO, ILLINOIS 60619, AND WOULD BE SENT AN IFB AT THE NEW ADDRESS. IT WAS ALSO DURING THIS SAME TELEPHONIC COMMUNICATION THAT YOU WERE ADVISED OF THE POSSIBILITY THAT THE BID WOULD NOT BE CONSIDERED IN VIEW OF THE NEW PLANT SITE AS DIFFERING FROM THAT IN THE QPL IF A QUALIFICATION EXTENSION WAS NOT OBTAINED.

BIDS WERE OPENED ON DECEMBER 4, 1970, AND H. I. GARMENT SUBMITTED THE LOWEST BID OF THE FOUR BIDS RECEIVED:

1. H. I. GARMENT COMPANY - $54/UNIT - REDUCED BY $2 PER TWX DECEMBER 3, 1970 2% DISCOUNT - 20 DAYS

2. SWITLIK PARACHUTE CO., INC. - $55.50/UNIT - REDUCED BY $1 PER TWX DECEMBER 4, 1970 1% DISCOUNT - 20 DAYS

3. RUBBER FABRICATORS, INC. - $75/UNIT - REDUCED BY $11.73 PER TWX DECEMBER 3, 1970 1% DISCOUNT - 30 DAYS

4. LITE INDUSTRIES, INC. - $126.41/UNIT 2% DISCOUNT - 20 DAYS

INCLUDED IN THE IFB AT PAGE 11 WAS CLAUSE B10.83 "NOTICE - QUALIFIED END PRODUCTS (1969 DEC)" INDICATING ITS APPLICABILITY BY AN "X" BEING INSERTED IN THE CORRESPONDING BOX, AS DICTATED BY PARAGRAPH 1-1107.2 OF THE ARMED SERVICES PROCUREMENT REGULATION DATED DECEMBER 31, 1969. CLAUSE B10.83 PROVIDES IN PERTINENT PART:

"AWARDS FOR ANY END ITEMS WHICH ARE REQUIRED TO BE QUALIFIED PRODUCTS WILL BE MADE ONLY WHEN SUCH ITEMS HAVE BEEN TESTED AND ARE QUALIFIED FOR INCLUSION IN QUALIFIED PRODUCTS LIST IDENTIFIED BELOW *** AT THE TIME SET FOR OPENING OF BIDS, OR THE TIME OF AWARD IN THE CASE OF NEGOTIATED CONTRACTS. OFFERORS SHOULD CONTACT THE OFFICE DESIGNATED BELOW TO ARRANGE TO HAVE THE PRODUCTS WHICH THEY INTEND TO OFFER TESTED FOR QUALIFICATION.

"ANY CHANGE IN LOCATION OR OWNERSHIP OF THE PLANT AT WHICH A PREVIOUSLY APPROVED PRODUCT IS, OR WAS MANUFACTURED REQUIRED RE EVALUATION OF THE QUALIFICATION. SUCH RE-EVALUATION MUST BE ACCOMPLISHED PRIOR TO THE BID OPENING DATE IN THE CASE OF ADVERTISED PROCUREMENTS AND PRIOR TO THE DATE OF AWARD IN THE CASE OF NEGOTIATED PROCUREMENTS. FAILURE OF OFFEROR TO ARRANGE FOR SUCH RE-EVALUATION SHALL PRECLUDE CONSIDERATION OF THEIR OFFERS.

"QUALIFIED PRODUCTS LIST NUMBER - 23955-5 DTD 8 JULY 1970

QUALIFICATION OFFICE - NAVY AIR DEVELOPMENT - JOHNSVILLE, WARMINISTER, PA. - (ATTN: AEROSPACE CREM EQUIPMENT DEPT."

THE BID FROM H. I. GARMENT INDICATED THAT THE WORK WAS TO BE PERFORMED AT A DIFFERENT PLANT THAN THAT LISTED IN THE QPL WITHOUT ANY EXTENSION OF THE QUALIFICATION TO THE NEW PLANT PRIOR TO BID OPENING. THE CONTRACTING OFFICER THEREFORE DETERMINED THAT THE BID WAS NONRESPONSIVE FOR FAILING TO COMPLY WITH CLAUSE B10.83.

OUR OFFICE LIKEWISE HAS HELD THAT AN OFFER TO SUPPLY AN END PRODUCT TO BE PRODUCED AT A PLANT OTHER THAN THE ONE QUALIFIED IS AN OFFER TO SUPPLY AN UNQUALIFIED PRODUCT AND IS NONRESPONSIVE IN A MATERIAL RESPECT. B-167304, AUGUST 27, 1969, AND B-138690, APRIL 6, 1959.

ACCORDINGLY, YOUR PROTEST IS DENIED.