B-174606(1), APR 14, 1972

B-174606(1): Apr 14, 1972

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THE PROPOSED SEPARATE AWARD TO WORTHINGTON IS NOT AUTHORIZED UNDER THE EVALUATION PROCEDURES OF THE SUBJECT IFB SINCE THE TOTAL COST OF SEPARATE AWARDS. THE ISSUE OF WORTHINGTON'S RESPONSIBILITY IS ACADEMIC AND THE PROTEST MUST DENIED. TO WORTHINGTON SALES INTERNATIONAL: REFERENCE IS MADE TO YOUR LETTERS DATED DECEMBER 6. ALL BIDDERS WERE ASKED TO FURNISH THE MANUFACTURER'S NAME. FIVE BIDS WERE RECEIVED AND OPENED ON THE SCHEDULED OPENING DATE. AFTER INCLUDING THE APPLICABLE FREIGHT COSTS THE THREE PERTINENT BIDS WERE EVALUATED AS FOLLOWS: ITEM 0001 ITEM 0002 TOTAL POWER MACHINE COMPANY $3. WAS FOUND TO BE NONRESPONSIBLE ON THE BASIS THAT THE QUOTATIONS RECEIVED FROM ITS SUPPLIER. SINCE PUMP'S EVALUATED PRICE ON ITEM 0001 WAS LOWER THAN SIMONDS EVALUATED PRICE FOR THAT ITEM.

B-174606(1), APR 14, 1972

BID PROTEST - RESPONSIBILITY - COST OF SEPARATE AWARDS DECISION DENYING THE PROTEST OF WORTHINGTON SALES INTERNATIONAL AGAINST AWARD OF A CONTRACT TO SIMONDS MACHINERY COMPANY UNDER AN IFB ISSUED BY THE NAVY REGIONAL PROCUREMENT OFFICE, OAKLAND, CALIF., FOR TWO WATER PUMPS WITH ELECTRICAL PRIME MOVERS. THE PROPOSED SEPARATE AWARD TO WORTHINGTON IS NOT AUTHORIZED UNDER THE EVALUATION PROCEDURES OF THE SUBJECT IFB SINCE THE TOTAL COST OF SEPARATE AWARDS, WITH THE ADDITION OF PRESCRIBED ADMINISTRATIVE COSTS, WOULD EXCEED THE COST OF THE SINGLE AWARD TO SIMONDS. ACCORDINGLY, THE ISSUE OF WORTHINGTON'S RESPONSIBILITY IS ACADEMIC AND THE PROTEST MUST DENIED.

TO WORTHINGTON SALES INTERNATIONAL:

REFERENCE IS MADE TO YOUR LETTERS DATED DECEMBER 6, 1971, AND FEBRUARY 2, 1972, AND TELEGRAMS DATED NOVEMBER 24 AND 29, 1971, PROTESTING THE AWARD OF A CONTRACT ON NOVEMBER 18, 1971, TO SIMONDS MACHINERY COMPANY (SIMONDS), UNDER INVITATION FOR BIDS (IFB) NO. N66314 72-B-3222, ISSUED AUGUST 11, 1971, BY THE NAVAL REGIONAL PROCUREMENT OFFICE, OAKLAND, CALIFORNIA.

THE IFB SOLICITED BIDS FOR TWO WATER PUMPS WITH ELECTRICAL PRIME MOVERS ON AN F.O.B. ORIGIN BASIS. ITEM 0001 REQUIRED "1500 GPH AT 279 FEET HEAD, SIZE: 8" X 6" X 17"" WHILE ITEM 0002 REQUIRED "750 GPM AT 325 FEET HEAD, SIZE: 6" X 4" X 17"." ALL BIDDERS WERE ASKED TO FURNISH THE MANUFACTURER'S NAME, BRAND AND NUMBER FOR THE WATER PUMPS OFFERED. WHILE THE IFB PERMITTED ACCEPTANCE OF BIDS ON ANY ITEM (PARAGRAPH 10(C), STANDARD FORM 33A), SECTION D7 OF THE INVITATION PROVIDED FOR ADDING ADMINISTRATIVE COSTS OF $50 FOR EACH PROPOSED CONTRACT IN DETERMINING WHETHER INDIVIDUAL AWARDS ON SEPARATE ITEMS WOULD BE MORE ADVANTAGEOUS TO THE GOVERNMENT.

FIVE BIDS WERE RECEIVED AND OPENED ON THE SCHEDULED OPENING DATE, OCTOBER 15, 1971. AFTER INCLUDING THE APPLICABLE FREIGHT COSTS THE THREE PERTINENT BIDS WERE EVALUATED AS FOLLOWS:

ITEM 0001 ITEM 0002 TOTAL

POWER MACHINE COMPANY $3,717.05 $3,445.00 $7,162.05

SIMONDS MACHINERY COMPANY 4,617.31 3,320.03 7,937.34

WORTHINGTON PUMP

INTERNATIONAL 4,593.71 3,771.87 8,365.58

POWER MACHINE COMPANY INDICATED THEY WOULD FURNISH PUMPS MANUFACTURED BY WORTHINGTON PUMP INTERNATIONAL (PUMP), AND WAS FOUND TO BE NONRESPONSIBLE ON THE BASIS THAT THE QUOTATIONS RECEIVED FROM ITS SUPPLIER, TOGETHER WITH THE SUPPLIER'S RECORD OF PAST PERFORMANCE, DID NOT INDICATE THAT POWER'S PROPOSED DELIVERY SCHEDULE COULD BE MET.

SINCE PUMP'S EVALUATED PRICE ON ITEM 0001 WAS LOWER THAN SIMONDS EVALUATED PRICE FOR THAT ITEM, THE CONTRACTING OFFICER PROCEEDED TO MAKE A DETERMINATION OF PUMP'S RESPONSIBILITY AND THAT FIRM WAS FOUND TO BE NONRESPONSIBLE. THE NOTIFICATION RECEIVED BY PUMP ERRONEOUSLY INDICATED THAT THE REASONS SHOWN FOR REJECTION OF ITS BID (HIGH DELINQUENCY RATE AND REFUSAL TO ALLOW A PREAWARD SURVEY) WERE MATTERS OF NONRESPONSIVENESS. ALTHOUGH YOU PROTEST THE BASIS FOR THE CONTRACTING OFFICER'S CONCLUSION THAT PUMP WAS NOT A RESPONSIBLE CONTRACTOR FOR THE AWARDING OF A CONTRACT ON THE SUBJECT IFB, WE CONSIDER THE ENTIRE QUESTION OF PUMP'S RESPONSIBILITY, OR NONRESPONSIBILITY, TO BE ACADEMIC INASMUCH AS A SEPARATE AWARD TO PUMP FOR ITEM 0001 WAS NOT AUTHORIZED UNDER THE PROCEDURES PRESCRIBED IN THE IFB FOR THE EVALUATION OF BIDS. THE ADDITION OF PUMP'S LOW EVALUATED BID PRICE FOR ITEM 0001 OF $4,593.71 AND SIMONDS LOW EVALUATED PRICE FOR ITEM 0002 OF $3,320.03, PLUS THE $50 ADMINISTRATIVE COSTS PRESCRIBED BY SECTION D7 FOR THE EXTRA CONTRACT, AMOUNTS TO $7,963.74. SINCE THIS TOTAL COST FOR SEPARATE AWARDS EXCEEDS THE COST ($7,937.34) OF THE SINGLE AWARD WHICH WAS MADE TO SIMONDS FOR BOTH ITEMS, A RESOLUTION OF THE QUESTION OF PUMP'S RESPONSIBILITY IN FAVOR OF THAT FIRM WOULD NOT ENTITLE PUMP TO AN AWARD OF A CONTRACT UNDER THE IFB.

ACCORDINGLY, YOUR PROTEST IS DENIED.