B-174880, APR 19, 1972

B-174880: Apr 19, 1972

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ALTHOUGH IT IS CONCEDED THAT LITTON'S BID WAS NONRESPONSIVE TO THE DELIVERY SCHEDULE FOR THE LARGER QUANTITIES OF ITEMS. SO LONG AS THE PROPOSAL IS RESPONSIVE TO THE ALTERNATE SELECTED FOR AWARD BY THE GOVERNMENT. ITS NONRESPONSIVENESS TO REQUIREMENTS FOR WHICH NO AWARD WILL BE MADE DOES NOT PRECLUDE ITS ACCEPTANCE. THE PROTEST IS DENIED. THE REQUIRED DELIVERY RATE APPLICABLE TO EACH ITEM IS GREATER FOR THE LARGER INCREMENTS THAN IT IS FOR THE SMALLER QUANTITIES. THE DELIVERY RATE FOR QUANTITIES LESS THAN 134 IS: "30 EACH TO BE DELIVERED ON OR WITHIN 150 DAYS AFTER THE DATE OF AWARD AND 30 EACH ADDITIONAL PIECES TO BE DELIVERED EVERY 30 DAYS THEREAFTER UNTIL THE CONTRACT IS COMPLETE.". IN THE EVENT AWARD IS MADE FOR MORE THAN 134 UNITS THE DELIVERY SCHEDULE IS: "30 EACH TO BE DELIVERED ON OR WITHIN 150 DAYS AFTER THE DATE OF AWARD.

B-174880, APR 19, 1972

BID PROTEST - ALLEGED NONRESPONSIVENESS - ALTERNATE INCREMENTS DECISION DENYING THE PROTEST OF TELEDYNE MEC AGAINST AWARD OF A CONTRACT TO LITTON INDUSTRIES, ELECTRON TUBE DIVISION (LITTON) UNDER AN IFB ISSUED BY THE DEFENSE ELECTRONICS SUPPLY CENTER, DAYTON, OHIO, FOR INCREMENTS OF TRAVELING WAVE ELECTRON TUBES. ALTHOUGH IT IS CONCEDED THAT LITTON'S BID WAS NONRESPONSIVE TO THE DELIVERY SCHEDULE FOR THE LARGER QUANTITIES OF ITEMS, SO LONG AS THE PROPOSAL IS RESPONSIVE TO THE ALTERNATE SELECTED FOR AWARD BY THE GOVERNMENT, ITS NONRESPONSIVENESS TO REQUIREMENTS FOR WHICH NO AWARD WILL BE MADE DOES NOT PRECLUDE ITS ACCEPTANCE. B-175055, MARCH 28, 1972. ACCORDINGLY, THE PROTEST IS DENIED.

TO TELEDYNE MEC:

WE REFER TO YOUR LETTER DATED MARCH 7, 1972, AND PRIOR CORRESPONDENCE, PROTESTING AWARD OF A CONTRACT TO LITTON INDUSTRIES, ELECTRON TUBE DIVISION (LITTON) UNDER INVITATION FOR BIDS (IFB) DSA900 72-B-2075, ISSUED BY THE DEFENSE ELECTRONICS SUPPLY CENTER (DESC), DAYTON, OHIO.

THE IFB, AS AMENDED, SOLICITED BIDS ON INCREMENTS UP TO 300 EACH FOR FOUR DIFFERENT TRAVELING WAVE ELECTRON TUBES UNDER ITEMS 0001, 0003, 0005, 0007 AND RELATED FIRST ARTICLE TESTING COST FOR EACH TYPE OF TUBE UNDER ITEMS 0002, 0004, 0006, 0008.

THE REQUIRED DELIVERY RATE APPLICABLE TO EACH ITEM IS GREATER FOR THE LARGER INCREMENTS THAN IT IS FOR THE SMALLER QUANTITIES. FOR ITEM 0001, THE DELIVERY RATE FOR QUANTITIES LESS THAN 134 IS:

"30 EACH TO BE DELIVERED ON OR WITHIN 150 DAYS AFTER THE DATE OF AWARD AND 30 EACH ADDITIONAL PIECES TO BE DELIVERED EVERY 30 DAYS THEREAFTER UNTIL THE CONTRACT IS COMPLETE."

IN THE EVENT AWARD IS MADE FOR MORE THAN 134 UNITS THE DELIVERY SCHEDULE IS:

"30 EACH TO BE DELIVERED ON OR WITHIN 150 DAYS AFTER THE DATE OF AWARD, 45 EACH ADDITIONAL TO BE DELIVERED ON OR WITHIN 180 DAYS AFTER AWARD AND 60 EACH ADDITIONAL TO BE DELIVERED EVERY 30 DAYS THEREAFTER UNTIL THE CONTRACT IS COMPLETE."

SIMILARLY, THE QUANTITY OF ITEM 0003, 0005 AND 0007 TUBES TO BE DELIVERED WITHIN THE SCHEDULE INCREASES BEGINNING WITH 15 UNITS. FOR UNITS IN THAT QUANTITY AND ABOVE, THE SCHEDULE REQUIRES DELIVERY OF 5 WITHIN 150 DAYS AFTER AWARD THE NEXT 7 WITHIN 180 DAYS AFTER AWARD AND AN ADDITIONAL 8 EVERY 30 DAYS THEREAFTER UNTIL THE CONTRACT IS COMPLETE. IF THE AWARD IS FOR MORE THAN 34 UNITS, THE DELIVERY SCHEDULE REQUIRES 8 WITHIN 150 DAYS AFTER AWARD, AN ADDITIONAL 12 WITHIN 180 DAYS AFTER AWARD, AND AN ADDITIONAL 15 FOR ITEMS 0003 AND 0007 AND AN ADDITIONAL 16 FOR ITEM 0005 EVERY 30 DAYS THEREAFTER UNTIL THE CONTRACT IS COMPLETE. FURTHER, THE DELIVERY SCHEDULE STATES THAT ACCELERATED DELIVERY IS ACCEPTABLE TO THE GOVERNMENT.

THREE BIDS WERE RECEIVED AND OPENED ON DECEMBER 16, 1971, FROM LITTON, TELEDYNE MEC, AND WATKINS-JOHNSON. TELEDYNE SUBMITTED THE SOLE BID ON ITEMS 0007 AND 0008. LITTON WAS THE LOW BIDDER ON ITEMS 0001, 0003, 0005, AND BID $3000 EACH FOR ITEMS 0002, 0004, 0006, BUT BY COVER LETTER STATED THAT IN THE EVENT OF AWARD TO LITTON FOR ALL SIX ITEMS, THE TOTAL FIRST ARTICLE TESTING COSTS WOULD BE $3000. HOWEVER, LITTON RESPONDED TO THE DELIVERY SCHEDULES IN THE FOLLOWING MANNER:

"ITEM 0001: 30 WITHIN 150 DAYS AND 30 PER MONTH THEREAFTER.

"ITEM 0003: 5 WITHIN 150 DAYS AND 8 PER MONTH THEREAFTER.

"ITEM 0005: 5 IN 150 DAYS 8 PER MONTH THEREAFTER."

TELEDYNE MAINTAINS THAT LITTON'S PROPOSED DELIVERY SCHEDULES DO NOT SATISFY THE REQUIRED DELIVERY SCHEDULES FOR THE LARGER QUANTITIES OF ITEMS 0001, 0003 AND 0005. IT IS CONTENDED THAT LITTON'S ENTIRE BID SHOULD BE REJECTED AS NONRESPONSIVE AND AWARD MADE TO THE NEXT LOW BIDDER, TELEDYNE.

WE AGREE THAT LITTON'S BID WAS NONRESPONSIVE TO THE DELIVERY SCHEDULE FOR THE LARGER QUANTITY INCREMENTS. HOWEVER, THE REQUIREMENTS OF THE CONTRACTING AGENCY ARE FOR THE SMALLER QUANTITY INCREMENTS (76 FOR ITEM 0001, 26 FOR ITEM 0003 AND 34 FOR ITEM 0005) FOR WHICH LITTON'S DELIVERY SCHEDULE IS RESPONSIVE. THE FAILURE OF A BID TO BE RESPONSIVE TO ALTERNATE REQUIREMENTS FOR WHICH AN AWARD WILL NOT BE MADE DOES NOT PRECLUDE ACCEPTANCE OF A BID WHICH IS RESPONSIVE TO THE ALTERNATE SELECTED FOR AWARD BY THE GOVERNMENT. B-175055, MARCH 28, 1972.

ACCORDINGLY, THE PROTEST IS DENIED. IT IS THEREFORE NOT NECESSARY TO CONSIDER YOUR FURTHER ALLEGATIONS CONCERNING THE POSSIBLE REJECTION OF YOUR BID AS UNREASONABLE IN AMOUNT INSOFAR AS YOUR BID PRICES RELATE TO THE ITEMS PROPOSED FOR AWARD TO LITTON.