B-173487(4), DEC 10, 1971

B-173487(4): Dec 10, 1971

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THERE IS NO REASON TO CONSIDER FURTHER A POSSIBLE MISTAKE IN BID. TO THE STANWICK CORPORATION: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO RAYCOMM INDUSTRIES. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO TEK-MAR. WE BELIEVE THIS DECISION IS ALSO DISPOSITIVE OF THE PRINCIPAL BASIS OF YOUR PROTEST. REGARDING YOUR CONTENTION THAT RAYCOMM'S OFFER WAS UNBALANCED AND THE AWARD SHOULD BE WITHDRAWN TO PROTECT THE SANCTITY OF THE COMPETITIVE BIDDING PROCESS. WE HAVE HELD THAT WHILE IT IS IN THE BEST INTEREST OF THE GOVERNMENT TO DISCOURAGE THE SUBMISSION OF UNBALANCED BIDS OR OFFERS THROUGH APPROPRIATE SOLICITATION SAFEGUARDS. YOUR PROTEST IS DENIED.

B-173487(4), DEC 10, 1971

BID PROTEST - POSSIBLE CLAIM OF ERROR - WAGE RATES THE COMP. GEN. ENCLOSES A COPY OF DECISION B-173487(1) TO TEK-MAR, INC. WHICH DISPOSES OF STANWICK'S BASIC PROTEST AND POINTS OUT FURTHER THAT SINCE RAYCOMM CONFIRMED ITS HOURLY RATES BELOW $1.60 PRIOR TO AWARD, AND HAS PERFORMED IN ACCORDANCE WITH THE CONTRACT TERMS, THERE IS NO REASON TO CONSIDER FURTHER A POSSIBLE MISTAKE IN BID.

TO THE STANWICK CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO RAYCOMM INDUSTRIES, INC. (RAYCOMM), UNDER REQUEST FOR PROPOSALS DAAB07- 71-R-0405, ISSUED BY THE U.S. ARMY ELECTRONICS COMMAND, FORT MONMOUTH, NEW JERSEY.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO TEK-MAR, INC., ONE OF FOUR COMPANIES, INCLUDING YOUR OWN, TO QUESTION THE PROCEDURES EMPLOYED IN THE INSTANT PROCUREMENT. WE BELIEVE THIS DECISION IS ALSO DISPOSITIVE OF THE PRINCIPAL BASIS OF YOUR PROTEST.

CONCERNING YOUR CONTENTION THAT RAYCOMM MIGHT CLAIM AN OBVIOUS ERROR IN ITS OFFER, WE CONSIDER IT SUFFICIENT TO NOTE RAYCOMM CONFIRMED THOSE HOURLY RATES BELOW $1.60 PRIOR TO THE AWARD ON JUNE 30, 1971, AND THAT FIRM HAS BEEN PERFORMING DELIVERY ORDERS IN ACCORDANCE WITH THE CONTRACT TERMS SINCE THAT DATE WITHOUT HAVING MADE ANY ALLEGATION OF MISTAKE IN ITS OFFER.

REGARDING YOUR CONTENTION THAT RAYCOMM'S OFFER WAS UNBALANCED AND THE AWARD SHOULD BE WITHDRAWN TO PROTECT THE SANCTITY OF THE COMPETITIVE BIDDING PROCESS, WE HAVE HELD THAT WHILE IT IS IN THE BEST INTEREST OF THE GOVERNMENT TO DISCOURAGE THE SUBMISSION OF UNBALANCED BIDS OR OFFERS THROUGH APPROPRIATE SOLICITATION SAFEGUARDS, BID UNBALANCING PER SE DOES NOT AUTOMATICALLY OPERATE TO INVALIDATE AN AWARD OF A CONTRACT TO A BIDDER. 49 COMP. GEN. 330, 335 (1969).

ACCORDINGLY, AND FOR THE REASONS STATED IN THE ENCLOSURE, YOUR PROTEST IS DENIED.