B-174606(2), APR 14, 1972

B-174606(2): Apr 14, 1972

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IT IS RECOMMENDED THAT APPROPRIATE ACTION BE TAKEN TO INSURE AGAINST MISUSE OF THE TERMS "RESPONSIBILITY. SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY CONCERNING THE PROTEST OF WORTHINGTON SALES INTERNATIONAL AGAINST THE AWARD OF A CONTRACT ON NOVEMBER 18. ALTHOUGH WE HAVE DENIED THE PROTEST. IS THEREFORE RECOMMENDED THAT APPROPRIATE ACTION BE TAKEN TO INSURE AGAINST SIMILAR PROCEDURAL ERRORS IN FUTURE PROCUREMENTS. ARE RETURNED.

B-174606(2), APR 14, 1972

BID PROTEST - AGENCY PROCEDURAL ERRORS CONCERNING A DENIAL OF THE PROTEST OF WORTHINGTON SALES INTERNATIONAL AGAINST AWARD OF A CONTRACT TO SIMONDS MACHINERY COMPANY UNDER AN IFB ISSUED BY THE NAVAL REGIONAL PROCUREMENT OFFICE, OAKLAND, CALIF. IT IS RECOMMENDED THAT APPROPRIATE ACTION BE TAKEN TO INSURE AGAINST MISUSE OF THE TERMS "RESPONSIBILITY," AND "RESPONSIVENESS," IN FUTURE PROCUREMENTS.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY CONCERNING THE PROTEST OF WORTHINGTON SALES INTERNATIONAL AGAINST THE AWARD OF A CONTRACT ON NOVEMBER 18, 1971, TO SIMONDS MACHINERY COMPANY, UNDER INVITATION FOR BIDS (IFB) NO. N66314-72-B-3222, ISSUED AUGUST 11, 1971, BY THE NAVAL REGIONAL PROCUREMENT OFFICE, OAKLAND, CALIFORNIA.

ALTHOUGH WE HAVE DENIED THE PROTEST, WE CONSIDER THE SENDING OF THE FORM LETTER DATED NOVEMBER 19, 1971, REJECTING PUMP'S BID AS BEING "NONRESPONSIVE," A MISUSE OF THAT FORM SINCE THE REASONS LISTED FOR REJECTION OF THE BID GO TO THE QUESTION OF A BIDDER'S RESPONSIBILITY. IS THEREFORE RECOMMENDED THAT APPROPRIATE ACTION BE TAKEN TO INSURE AGAINST SIMILAR PROCEDURAL ERRORS IN FUTURE PROCUREMENTS.

THE FILES FORWARDED TO OUR OFFICE BY LETTERS DATED DECEMBER 23, 1971, SUP 0222, AND FEBRUARY 29, 1972, SUP 0222A, FROM THE DEPUTY COMMANDER, PROCUREMENT MANAGEMENT, NAVAL SUPPLY SYSTEMS COMMAND, ARE RETURNED.