B-175214, MAR 17, 1972

B-175214, MAR 17, 1972

CONTRACTS - RESPONSIVENESS - SAMPLE SUBMITTED ON BEHALF OF BIDDER CONCERNING WHETHER THE BID OF GERBER MFG. CO., INC., MAY BE CONSIDERED FOR AWARD UNDER AN IFB WHERE CLOTH SAMPLES SUBMITTED ON BEHALF OF THE COMPANY WERE AT VARIANCE WITH THE REQUIRED SPECIFICATIONS. IF A REQUESTED SAMPLE IS FURNISHED ON BEHALF OF A BIDDER AND FAILS TO MEET THE REQUIRED SPECIFICATIONS, THE BID IS CONSIDERED AS QUALIFIED BY THE SAMPLE AND MUST BE REJECTED. ACCORDINGLY, THE SUBJECT BID MAY NOT BE CONSIDERED FOR AWARD.

TO MR. WALTER E. WASHINGTON:

WE REFER TO THE LETTER OF FEBRUARY 14, 1972, FROM THE PROCUREMENT OFFICER, BUREAU OF PROCUREMENT, DEPARTMENT OF GENERAL SERVICES, REQUESTING A DECISION WHETHER THE LOW BID OF GERBER MFG. CO., INC., MAY BE CONSIDERED FOR AWARD UNDER INVITATION FOR BIDS (IFB) NO. 8405-11-2 339-BS, ISSUED ON JANUARY 11, 1972. THE REQUEST ARISES FROM THE FACT THAT THE LETTER AND CERTIFICATION ACCOMPANYING THE CLOTH SAMPLES, SUBMITTED ON BEHALF OF GERBER, INDICATED THE WEIGHT PER SQUARE YARD OF ONE SAMPLE TO BE LESS THAN THAT REQUIRED BY THE SPECIFICATIONS.

PARAGRAPH 26 OF THE IFB SPECIAL CONDITIONS REQUIRED THAT A SAMPLE OF EACH TYPE OF CLOTH DESCRIBED IN THE SPECIFICATIONS BE SUBMITTED TO THE BUREAU OF PROCUREMENT PRIOR TO BID OPENING. EACH SAMPLE WAS TO BE LABELED IN ACCORDANCE WITH THE WOOL PRODUCTS LABELING ACT. EACH WAS TO BEAR THE MANUFACTURER'S LABEL SHOWING THE MANUFACTURER'S NAME, ADDRESS, AND NUMERICAL DESIGNATION AND ALSO THE WEIGHT AND THREAD COUNT OF THE MATERIAL. THIS INFORMATION ALSO WAS TO BE INSERTED IN TABLE 1 OF THE IFB SPECIAL CONDITIONS ALONG WITH INFORMATION CONCERNING THE MANUFACTURER'S COLOR DESIGNATION, THE DESIGNATED BREAKING STRENGTH, AND THE PLY OF YARNS FOR EACH SAMPLE. FURTHER, PARAGRAPH 26 OF THE SPECIAL CONDITIONS STATED:

"THE SAMPLES SUBMITTED MUST BE CERTIFIED THAT THEY ARE THE FABRICS SPECIFIED AND IF THE SAMPLES SUBMITTED DO NOT MEET THE SPECIFICATIONS, IT SHALL BE REASON FOR THE REJECTION OF THE BID."

GERBER DID NOT FILL IN TABLE 1 OR SUBMIT THE REQUIRED SAMPLES WITH ITS BID. INSTEAD, GERBER INDICATED ON THE FIRST PAGE OF ITS BID AND ON TABLE 1 ITSELF THAT THE SAMPLES AND INFORMATION WERE BEING SUBMITTED ON ITS BEHALF BY THE CLOTH MANUFACTURER, METCALF BROTHERS & CO. SUCH SAMPLES AND INFORMATION WERE SUBMITTED BY METCALF BROTHERS BY LETTER OF JANUARY 28, 1972, WHICH INDICATED THE WEIGHT OF THE 100-PERCENT-WOOL SERGE SAMPLE WAS 16/16.5 OUNCES PER SQUARE YARD. ACCOMPANYING THE LETTER WAS TABLE 1 WHICH STATES AT THE TOP:

"THE BIDDER HEREBY CERTIFIES THAT SAMPLES OF MATERIAL, SUBMITTED IN CONNECTION WITH THIS BID ARE IN ACCORDANCE WITH THE FOLLOWING SPECIFICATION DETAIL AND INFORMATION INSERTED BELOW BY THE BIDDER *** "

TABLE 1 OF GERBER'S BID AS COMPLETED STATES THAT THE WEIGHT PER SQUARE YARD OF THE 100-PERCENT-WOOL SERGE IS 16/16.5 OUNCES. THE IFB SPECIFICATIONS REQUIRED THE CLOTH TO BE 18.5/19 OUNCES PER SQUARE YARD. IN THAT CONNECTION, PARAGRAPH 16 OF THE IFB SPECIAL CONDITIONS STATES:

"COMPLIANCE WITH SPECIFICATIONS: BIDDERS ARE REQUESTED TO BE RESPONSIVE TO THE SPECIFICATIONS IN THIS INVITATION TO BID. ANY STATEMENT BY THE BIDDER INDICATING VARIANCE FROM THE SPECIFICATIONS WILL RESULT IN REJECTION OF THE BID."

IT IS A RULE OF LONG STANDING THAT IF A BIDDER CAUSES TO HAVE SUBMITTED AS A PART OF ITS BID A REQUESTED SAMPLE OF WHAT IT PROPOSES TO FURNISH, THE SAMPLE IS FOR CONSIDERATION AS A PART OF THE BID AND IF IT DOES NOT MEET THE SPECIFICATIONS, THE BID IS TAKEN AS QUALIFIED BY THE SAMPLE AND IS REQUIRED TO BE REJECTED. 17 COMP. GEN. 940 (1938); CF. 40 ID. 679 (1961); PRESTEX INC. V UNITED STATES, 162 CT. CL. 620 (1963).

ACCORDINGLY, THE BID OF GERBER MFG. CO., INC., MAY NOT BE CONSIDERED FOR AWARD.