B-174440, DEC 10, 1971

B-174440, DEC 10, 1971

BID PROTEST - BID RESPONSIVENESS - QUALIFIED PRODUCTS LIST DECISION DENYING PROTEST BY HIGH BIDDER AGAINST PROPOSED AWARD TO CNTR, INC., LOW BIDDER UNDER AN IFB ISSUED BY THE CHARLESTON NAVAL SUPPLY CENTER, SOUTH CAROLINA, FOR 502 FIELD CHANGE KITS FOR A SPECIFIC RADIO TRANSMITTER. WHILE THE INVITATION CONTAINED A QUALIFIED PRODUCTS-COMPONENTS CLAUSE REQUIRED BY SEC. 1-1107.2(B) OF ASPR, THIS SIMPLY REQUIRED THAT QUALIFICATION FOR COMPONENTS HAS BEEN OBTAINED AT THE TIME OF ANY SUBCONTRACT AWARD. THEREFORE, CNTR'S FAILURE TO INDICATE THE MANUFACTURER OF THE SILICON DIODE COMPONENT WHICH IT INTENDED TO FURNISH, WHILE NOT IMPOSING ANY EXCEPTION TO THE QPL REQUIREMENT, DOES NOT RENDER ITS BID NONRESPONSIVE. RATHER, THE SUCCESSFUL LOW BIDDER WILL BE CONTRACTUALLY BOUND TO FURNISH PROPERLY QUALIFIED COMPONENTS. ACCORDINGLY, THE PROTEST IS DENIED.

TO S.C.J. ASSOCIATES, INC.:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 27, 1971, WITH ENCLOSURES, PROTESTING THE PROPOSED AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS (IFB) N00612-72-B-0008, ISSUED BY THE CHARLESTON NAVAL SUPPLY CENTER, CHARLESTON, SOUTH CAROLINA.

THE SUBJECT INVITATION WAS ISSUED ON AUGUST 13, 1971, FOR 502 FIELD CHANGE KITS FOR AN/URT-23(V) RADIO TRANSMITTER, INTERIM MAINTENANCE REPAIR PARTS, AND RELATED CONTRACT DATA REQUIREMENTS IN ACCORDANCE WITH THE SPECIFICATIONS SET FORTH IN THE IFB. THE SUBJECT INVITATION WAS A READVERTISEMENT OF IFB N00612-71-B-0084 WHICH HAD BEEN PREVIOUSLY CANCELLED AFTER BID OPENING WHEN IT WAS DISCOVERED THAT THE INVITATION DID NOT CONTAIN THE QUALIFIED PRODUCTS-COMPONENTS CLAUSE REQUIRED BY SECTION 1 -1107.2(B) OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR).

TWENTY-ONE BIDS WERE RECEIVED AT THE PUBLIC BID OPENING ON SEPTEMBER 13, 1971. THE SIX LOWEST BIDS, AS EVALUATED, WERE AS FOLLOWS:

HIGH POWER HARDWARE CORP. (ALTERNATE BID) $ 75,040.88

CNTR, INC. 96,800.50

BALTIMORE ELECTRONICS ASSOC., INC. 105,541.48

ROMARK INDUSTRIES 114,114.00

HIGH POWER HARDWARE CORP. (PRINCIPAL BID) 135,884.98

SCJ ASSOCIATES 139,726.11

THE LOW, ALTERNATE BID OF HIGH POWER HARDWARE CORPORATION WAS REJECTED AS NONRESPONSIVE THEREBY MAKING CNTR, INC., THE LOWEST BIDDER. AWARD TO CNTR, INC., HAS BEEN WITHHELD PENDING RESOLUTION OF YOUR PROTEST.

THE FIELD CHANGE KITS DESCRIBED IN THE IFB ARE COMPOSED ESSENTIALLY OF 12 COMPONENTS, THREE OF WHICH (KIT ITEMS NOS. 1, 4, AND 9) CONTAIN QUALIFIED PRODUCTS LIST MATERIAL. KIT ITEM NO. 9 IS A BRIDGE RECTIFIER ASSEMBLY CONSISTING OF, AMONG OTHER COMPONENTS, 18 SILICON DIODES TO BE MANUFACTURED IN ACCORDANCE WITH MIL-S-19500/420A. THE CONTRACTING OFFICER STATES THAT THE QUALIFIED PRODUCTS LIST (QPL) APPLICABLE TO THIS MILITARY SPECIFICATION IS QPL-19500-43 DATED MARCH 29, 1971.

YOU CONTEND THAT YOUR PROTEST IS BASED ON THE LOW BIDDER'S OFFERING OF A COMPONENT FOR KIT ITEM NO. 9 THAT IS NOT ON THE QPL AS REQUIRED BY THE INVITATION. YOU STATE THAT THE SEMTECH CORPORATION OF NEWBURY PARK, CALIFORNIA, IS THE ONLY MANUFACTURER LISTED ON THE QPL FOR THE DIODES AND THAT THE LOW BIDDER (CNTR, INC.) IS NONRESPONSIVE BECAUSE IT IS OFFERING A DIODE FOR KIT ITEM NO. 9 MANUFACTURED BY ANOTHER SOURCE. WE DO NOT AGREE.

PAGE 4 OF THE IFB CONTAINS THE FOLLOWING CLAUSE:

"QUALIFIED PRODUCTS - COMPONENTS (1965 DEC.)

WHEN ANY OF THE END ITEMS WHICH ARE TO BE SUPPLIED TO THE GOVERNMENT BY THE CONTRACTOR WILL CONTAIN ONE OR MORE COMPONENTS WHICH ARE REQUIRED BY THE APPLICABLE SPECIFICATION TO BE QUALIFIED PRODUCTS, SUCH COMPONENTS SHALL HAVE BEEN TESTED AND SHALL BE QUALIFIED FOR INCLUSION IN THE QUALIFIED PRODUCTS LIST (WHETHER OR NOT ACTUALLY INCLUDED IN THE LIST) AT THE TIME OF AWARD OF ANY SUBCONTRACT BY THE CONTRACTOR FOR SUCH COMPONENTS. *** "

THE CONTRACTING OFFICER AGREES THAT THE SEMTECH CORPORATION IS PRESENTLY THE ONLY MANUFACTURER QUALIFIED AND LISTED ON QPL-19500-43 FOR THE SUBJECT DIODE. HOWEVER, AS INDICATED ABOVE, THE SUBJECT INVITATION DID NOT REQUIRE BIDDERS TO INDICATE IN THEIR BIDS THAT THE SILICON DIODE COMPONENT PROPOSED TO BE FURNISHED WITH KIT ITEM NO. 9 WAS ON THE APPLICABLE QPL. RATHER, ALL THAT IS REQUIRED BY THE TERMS OF THE IFB IS THAT QUALIFICATION FOR COMPONENTS HAS BEEN OBTAINED AT THE TIME OF SUBCONTRACT AWARD. WHILE CNTR DID NOT INDICATE IN ITS BID THE MANUFACTURER OF THE COMPONENT, WHICH IT INTENDED TO FURNISH, IT ALSO DID NOT INTERPOSE ANY EXCEPTION TO THE QPL REQUIREMENTS OF THE INVITATION. ACCORDINGLY, AWARD TO CNTR WOULD CONTRACTUALLY BIND THE COMPANY TO FURNISH PROPERLY QUALIFIED COMPONENTS. UNDER THESE CIRCUMSTANCES, WE FIND NO BASIS TO QUESTION THE RESPONSIVENESS OF THE BID SUBMITTED BY CNTR. SEE B-169290, JUNE 1, 1970.

FURTHER, THE PREAWARD SURVEY PERFORMED ON CNTR BY THE DEFENSE CONTRACT ADMINISTRATION SERVICES DISTRICT, ROCHESTER, NEW YORK, INDICATES THAT THE CNTR BID IS IN FACT BASED ON FURNISHING KIT ITEM NO. 9 USING DIODES MANUFACTURED BY EITHER THE SEMTECH CORPORATION OR THE SENSITRON SEMICONDUCTOR CORPORATION. SENSITRON IS PRESENTLY TESTING ITS DIODE FOR QUALIFICATION UNDER QPL 19500-43. THUS, THE RECORD INDICATES THAT CNTR INTENDS TO COMPLY WITH THE QPL REQUIREMENT AND IN FACT IS BOUND TO FURNISH COMPONENTS IN ACCORDANCE WITH THE QUALIFIED PRODUCTS-COMPONENTS CLAUSE SET FORTH IN THE INVITATION.

FOR THE REASONS SET FORTH ABOVE, YOUR PROTEST IS DENIED.