B-171569, AUG 9, 1971

B-171569: Aug 9, 1971

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PROTEST OF BLACK & DECKER IS AFFIRMED. TO SKIL CORPORATION: REFERENCE IS MADE TO THE LETTER OF JANUARY 11. IN WHICH YOU HAVE COMMENTED ON A PROTEST BY BLACK & DECKER MANUFACTURING COMPANY AGAINST THE AWARD OF A CONTRACT TO YOUR CONCERN UNDER ITEM 5 OF INVITATION FOR BIDS NO. THE SOLICITATION WAS ISSUED ON OCTOBER 7. THE ITEM IN ISSUE IN THIS PROTEST IS ITEM 5. BIDS WERE OPENED ON NOVEMBER 5. YOUR BID WAS LOW FOR ITEM 5 AT $11.92 EACH. THE BLACK & DECKER MANUFACTURING COMPANY WAS THE NEXT LOW BIDDER FOR THIS ITEM AT $11.99 EACH. UNDER THE FACTS PRESENTED WE FIND THAT THE AWARD WAS PROPERLY MADE.

B-171569, AUG 9, 1971

BID PROTEST - BID NONRESPONSIVENESS - INSERTION OF UNIDENTIFIED NUMBER DECISION CONCERNING PROTEST OF BLACK & DECKER MANUFACTURING COMPANY, SECOND LOW BIDDER, AGAINST THE AWARD OF CONTRACT TO SKIL CORPORATION, LOW BIDDER, UNDER IFB ISSUED BY GENERAL SERVICES ADMINISTRATION FOR A QUANTITY OF RECIPROCATING SAWS. THE INSERTION OF AN UNIDENTIFIED NUMBER "582" IN THE PURCHASE DESCRIPTION OF ITEM 5 OF THE IFB BY SKIL, IN SUCH A MANNER THAT IT MUST BE TAKEN AS PART OF THE DESCRIPTION, RENDERED THE BID AMBIGUOUS AND NONRESPONSIVE, SINCE THE NUMBER CAN BE TRACED TO A SAW IN THE SKIL CATALOGUE THAT DEVIATES FROM THE IFB PURCHASE DESCRIPTION. PROTEST OF BLACK & DECKER IS AFFIRMED.

TO SKIL CORPORATION:

REFERENCE IS MADE TO THE LETTER OF JANUARY 11, 1971, IN WHICH YOU HAVE COMMENTED ON A PROTEST BY BLACK & DECKER MANUFACTURING COMPANY AGAINST THE AWARD OF A CONTRACT TO YOUR CONCERN UNDER ITEM 5 OF INVITATION FOR BIDS NO. FPNTP-B6-31387-A-11-5-70.

THE SOLICITATION WAS ISSUED ON OCTOBER 7, 1970, BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION (GSA), FOR A DEFINITE QUANTITY CONTRACT FOR EIGHT ITEMS OF SAWS AND GRINDERS FOR DELIVERY TO VARIOUS DESTINATIONS WITHIN THE UNITED STATES. THE ITEM IN ISSUE IN THIS PROTEST IS ITEM 5, DESCRIBING A REQUIREMENT FOR A QUANTITY OF 3,700 RECIPROCATING PORTABLE ELECTRIC SAWS.

BIDS WERE OPENED ON NOVEMBER 5, 1970, AND YOUR BID WAS LOW FOR ITEM 5 AT $11.92 EACH. THE BLACK & DECKER MANUFACTURING COMPANY WAS THE NEXT LOW BIDDER FOR THIS ITEM AT $11.99 EACH.

ON ITEM 5, YOU INSERTED THE NUMBER "582" IN THE FIRST LINE OF THE PURCHASE DESCRIPTION FOR THAT ITEM.

BLACK & DECKER PROTESTED AGAINST AN AWARD TO YOUR CONCERN FOR ITEM 5, ASSERTING THAT THE NUMBER INSERTED BY YOU IN YOUR BID COULD BE TRACED TO AN ITEM IN ONE OF YOUR CATALOGS AND THAT THE ITEM AS DESCRIBED IN THE CATALOG DEVIATED FROM THE SPECIFICATION REQUIREMENT IN THE PURCHASE DESCRIPTION. BLACK & DECKER'S PROTEST URGED THAT YOUR BID SHOULD BE REJECTED AS NONRESPONSIVE.

IN ANOTHER RECENT CASE, ALSO INVOLVING YOUR FIRM, B-171417, MARCH 9, 1971 MAY 26, 1971, OUR OFFICE CONSIDERED ISSUES ALMOST IDENTICAL TO THE ONES PRESENTED IN THIS CASE. WE FOUND THAT THE INSERTION OF AN UNIDENTIFIED NUMBER IN THE PURCHASE DESCRIPTION IN SUCH A MANNER THAT IT MUST BE CONSIDERED AS PART OF THE DESCRIPTION, MAKES THE BID AMBIGUOUS AND REQUIRES THAT SUCH A BID BE REJECTED AS NONRESPONSIVE. IT APPEARS THAT THE NUMBER "582" CAN BE TRACED TO YOUR CATALOG AND THAT THE ITEM DESCRIBED IN YOUR CATALOG UNDER "582" MATERIALLY DEVIATES FROM THE REQUIREMENTS IN THE PURCHASE DESCRIPTION.

GSA HAS ADVISED THAT IN ACCORDANCE WITH THE ABOVE PRECEDENT YOUR BID HAS BEEN REJECTED AND AWARD FOR ITEM 5 HAS BEEN MADE TO BLACK & DECKER.

UNDER THE FACTS PRESENTED WE FIND THAT THE AWARD WAS PROPERLY MADE.