B-177465, FEB 22, 1973

B-177465: Feb 22, 1973

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHILE IT APPEARS THAT THIS PROTEST MAY HAVE MERIT DUE TO THE FAILURE OF THE CONTRACTING AGENCY TO RECORD THE DATE PROTESTANT'S BID MODIFICATION WAS RECEIVED. GAO IS UNABLE TO DETERMINE WITH CERTAINTY THAT THE MODIFICATION WAS RECEIVED PRIOR TO BID OPENING. INC.: REFERENCE IS MADE TO YOUR TELEGRAM OF NOVEMBER 16. ALLEGED THAT AN ILLEGAL AWARD WAS PLACED WITH A HIGHER BIDDER WITHOUT JUSTIFICATION. SINCE YOU WERE THE LOW RESPONSIVE BIDDER. ADVISED THAT YOUR PRICE WAS LOWER THAN THAT OF DELCO WIRE AND CABLE COMPANY. YOU ALSO ADVISED THAT YOUR PRICE WAS FURTHER REDUCED TO $128.00 BY LETTER OF OCTOBER 25. THAT LETTER STATED THAT YOUR FIRM HAD ADVISED IT WAS UNABLE TO MAKE DELIVERY BY NOVEMBER 30.

B-177465, FEB 22, 1973

BID PROTEST - UNRECORDED BID MODIFICATION CONCERNING THE PROTEST OF WHITE PLAINS ELECTRICAL SUPPLY COMPANY, INC., AGAINST AWARD OF A CONTRACT TO DELCO WIRE AND CABLE COMPANY UNDER A SOLICITATION ISSUED BY THE U.S. DEPARTMENT OF JUSTICE, FEDERAL PRISON INDUSTRIES, INC., DANBURY, CONN. WHILE IT APPEARS THAT THIS PROTEST MAY HAVE MERIT DUE TO THE FAILURE OF THE CONTRACTING AGENCY TO RECORD THE DATE PROTESTANT'S BID MODIFICATION WAS RECEIVED, GAO IS UNABLE TO DETERMINE WITH CERTAINTY THAT THE MODIFICATION WAS RECEIVED PRIOR TO BID OPENING. IN VIEW OF THIS, AND SINCE PERFORMANCE OF THE CONTRACT AWARDED PURSUANT TO THIS SOLICITATION HAS BEEN COMPLETED, GAO CAN TAKE NO FURTHER ACTION ON THIS PROTEST.

TO WHITE PLAINS ELECTRICAL SUPPLY COMPANY, INC.:

REFERENCE IS MADE TO YOUR TELEGRAM OF NOVEMBER 16, AND LETTERS OF NOVEMBER 17 AND DECEMBER 21, 1972, PROTESTING THE AWARD OF A CONTRACT TO ANOTHER FIRM UNDER SOLICITATION NO. 27PI-1243, ISSUED BY THE U.S. DEPARTMENT OF JUSTICE, FEDERAL PRISON INDUSTRIES, INC., DANBURY, CONNECTICUT.

YOUR TELEGRAM OF NOVEMBER 16, 1972, ALLEGED THAT AN ILLEGAL AWARD WAS PLACED WITH A HIGHER BIDDER WITHOUT JUSTIFICATION, SINCE YOU WERE THE LOW RESPONSIVE BIDDER. YOUR LETTER OF NOVEMBER 17, 1972, ADVISED THAT YOUR PRICE WAS LOWER THAN THAT OF DELCO WIRE AND CABLE COMPANY, THE SUCCESSFUL BIDDER, BY VIRTUE OF A 2%, 20-DAY, DISCOUNT OFFERED IN CONNECTION WITH YOUR PRICE OF $128.90 PER THOUSAND FEET. YOU ALSO ADVISED THAT YOUR PRICE WAS FURTHER REDUCED TO $128.00 BY LETTER OF OCTOBER 25, 1972, AND THAT YOU OFFERED THE SAME DELIVERY TERMS AS DELCO. YOU THEREFORE REQUESTED CANCELLATION OF DELCO'S CONTRACT AND AN AWARD TO YOUR FIRM.

BY LETTER OF NOVEMBER 29, 1972, THE COMMISSIONER OF FEDERAL PRISON INDUSTRIES, INC. (FPI), ADVISED THAT THE SOLICITATION SPECIFIED DELIVERY BY NOVEMBER 30, 1972, BUT PERMITTED AN OFFEROR TO PROPOSE HIS OWN DELIVERY SCHEDULE, WITH THE ADMONITION THAT TIME OF DELIVERY WOULD BE AN EVALUATION FACTOR IN THE MAKING OF AN AWARD. THAT LETTER STATED THAT YOUR FIRM HAD ADVISED IT WAS UNABLE TO MAKE DELIVERY BY NOVEMBER 30, 1972, AND HAD PROPOSED AN ALTERNATE DELIVERY DATE OF DECEMBER 7, 1972. SINCE IT WAS SUBSEQUENTLY DETERMINED THAT FINAL DELIVERY WAS NEEDED BY NOVEMBER 30, 1972, IN ORDER TO MAINTAIN PRODUCTION, DELCO'S OFFER WAS ACCEPTED AS THE OFFER "MOST ADVANTAGEOUS, PRICE AND DELIVERY TIME CONSIDERED."

YOUR LETTER OF DECEMBER 21, 1972, SUBMITTED IN REBUTTAL TO THE COMMISSIONER'S REPORT OF NOVEMBER 29, 1972, AGAIN ADVISED THAT YOU AMENDED YOUR OFFER BY LETTER OF OCTOBER 25, 1972, PRIOR TO BID OPENING, BY REVISING YOUR BID PRICE TO .128 PER FOOT, AND YOUR DELIVERY DATE TO NOVEMBER 30, 1972, IN ACCORDANCE WITH THE REQUIREMENTS OF THE SOLICITATION. ENCLOSED WITH YOUR LETTER OF DECEMBER 21, 1972, WAS A COPY OF YOUR LETTER OF OCTOBER 25 TO FPI, DANBURY, CONNECTICUT, ADVISING OF THE FOREGOING MODIFICATIONS.

AFTER BEING FURNISHED WITH A COPY OF YOUR LETTER OF DECEMBER 21, 1972, WITH ENCLOSED LETTER OF OCTOBER 25, 1972, THE COMMISSIONER HAS REPLIED THAT YOUR LETTER OF OCTOBER 25, 1972, HAD BEEN LOCATED IN THE FILES AT DANBURY BUT THAT THE DANBURY OFFICE HAD NEGLECTED TO STAMP THE TIME OF RECEIPT THEREON OR TO PRESERVE THE ENVELOPE SO AS TO DETERMINE WHEN THE LETTER WAS MAILED. THE COMMISSIONER ADVISED THAT THE PERSONNEL AT DANBURY HAVE BEEN INSTRUCTED TO REVIEW THEIR PROCEDURES IN RECEIVING AND ABSTRACTING BIDS, AND TO CAREFULLY DOCUMENT AND RECORD THE TIME OF RECEIPT OF ALL FUTURE BIDS AND MODIFICATIONS.

WHILE IT WOULD THEREFORE APPEAR THAT YOUR PROTEST MAY HAVE MERIT, DUE TO THE FAILURE OF THE PERSONNEL AT DANBURY TO RECORD THE DATE AND TIME YOUR LETTER OF OCTOBER 25 WAS RECEIVED WE ARE UNABLE TO DETERMINE WITH CERTAINTY THAT IT WAS RECEIVED PRIOR TO BID OPENING. MOREOVER, BECAUSE WE ARE ADVISED THAT PERFORMANCE OF DELCO'S CONTRACT HAS ALREADY BEEN COMPLETED, WE WOULD BE UNABLE TO UNDERTAKE ANY CORRECTIVE ACTION THAT MIGHT OTHERWISE BE WARRANTED.

WE HAVE REQUESTED THE COMMISSIONER OF FPI TO TAKE SUCH FURTHER ACTION ON HIS INSTRUCTIONS TO THE PERSONNEL AT DANBURY AS MAY BE NECESSARY TO ASSURE THAT PROCEDURAL CORRECTIONS HAVE BEEN EFFECTED WHICH WILL AVOID SIMILAR PROBLEMS IN THE FUTURE.