B-177688, FEB 6, 1973

B-177688: Feb 6, 1973

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THE SALES CONTRACTING OFFICER ADVISED YOU THAT YOUR UNIT PRICE BID WAS TIED WITH COCHRAN SALES COMPANY. AWARD WAS MADE ON NOVEMBER 28. WHICH STATES AS FOLLOWS: "WHEN IDENTICALLY (TIE) BIDS ARE RECEIVED ON THE SAME ITEM. AWARD WILL BE MADE BY DRAWING OF LOTS. WHEN AWARD IS MADE BY DRAWING OF LOTS. THREE WITNESSES WILL BE IN ATTENDANCE. THE NAMES AND ADDRESSES OF WITNESSES AND THE PERSON SUPERVISING THE DRAWING WILL BE PLACED ON THE ABSTRACT OF BIDS FOR SEALED BID SALES OR RECORDED IN THE INVITATION FOLDER FOR SPOT BID SALES.". IT IS REPORTED THAT THE WINNER OF THE DRAWING WAS COCHRAN SALES COMPANY. AWARD WAS ACCORDINGLY MADE TO THAT FIRM. YOUR PROTEST IS DENIED.

B-177688, FEB 6, 1973

BID PROTEST - TIED BIDDERS - AWARD BY DRAW DECISION CONCERNING THE PROPRIETY OF AN AWARD OF A CONTRACT TO COCHRAN SALES COMPANY UNDER AN IFB ISSUED BY THE DEFENSE SURPLUS SALES OFFICE, FLEET STATION, SAN DIEGO, CAL. IN THE EVENT OF A TIE BETWEEN TWO EQUAL BIDDERS, THE DRAWING OF LOTS IN THE PRESENCE OF THREE WITNESSES, PURSUANT TO A DEPARTMENT OF DEFENSE REGULATION 4160.21M PART 3, CHAPTER VIII, PARA. C, 9A, CONTROLS THE AWARD OF THE CONTRACT.

TO LOGIC SYSTEMS, INCORPORATED:

WE REFER TO YOUR LETTER DATED DECEMBER 16, 1972, WITH ENCLOSURES, QUESTIONING THE PROPRIETY OF THE AWARD MADE UNDER SALES INVITATION FOR BIDS NO. 46-3039, ISSUED BY THE DEFENSE SURPLUS SALES OFFICE, FLEET STATION, SAN DIEGO, CALIFORNIA.

BY LETTER DATED DECEMBER 20, 1972, THE SALES CONTRACTING OFFICER ADVISED YOU THAT YOUR UNIT PRICE BID WAS TIED WITH COCHRAN SALES COMPANY. AWARD WAS MADE ON NOVEMBER 28, 1972, PURSUANT TO A DEPARTMENT OF DEFENSE REGULATION (DOD 4160.21M PART 3, CHAPTER VIII, PARAGRAPH C, 9A), WHICH STATES AS FOLLOWS:

"WHEN IDENTICALLY (TIE) BIDS ARE RECEIVED ON THE SAME ITEM, ON SEALED BIDS AND SPOT BIDS SALES, AWARD WILL BE MADE BY DRAWING OF LOTS. WHEN AWARD IS MADE BY DRAWING OF LOTS, THREE WITNESSES WILL BE IN ATTENDANCE. THE NAMES AND ADDRESSES OF WITNESSES AND THE PERSON SUPERVISING THE DRAWING WILL BE PLACED ON THE ABSTRACT OF BIDS FOR SEALED BID SALES OR RECORDED IN THE INVITATION FOLDER FOR SPOT BID SALES."

IT IS REPORTED THAT THE WINNER OF THE DRAWING WAS COCHRAN SALES COMPANY, AND AWARD WAS ACCORDINGLY MADE TO THAT FIRM. WE FIND NO BASIS TO DISTURB THE AWARD, AND YOUR PROTEST IS DENIED.