B-224070, AUG 28, 1986, 86-2 CPD 239
Highlights
THAT TO VIEW THE STANDARD SIZE DRAWINGS A BIDDER WOULD HAVE TO VISIT THE INSTALLATION. IS DISMISSED. SINCE ALL FIRMS HAVE THE SAME DRAWINGS AND THE SAME OPPORTUNITY TO VISIT THE INSTALLATION. THUS ARE BIDDING ON THE SAME BASIS. SINCE IT IS CLEAR FROM UNITED ELECTRIC'S SUBMISSION THAT THE PROTEST HAS NO LEGAL MERIT. THAT THE GOVERNMENT MIGHT ENCOUNTER PROBLEMS AT THE INSTALLATION REGARDING SHOWING THE STANDARD DRAWINGS TO INTERESTED FIRMS IS NOT RELEVANT TO THE ACTUAL COMPETITION IN THE PROCUREMENT.
B-224070, AUG 28, 1986, 86-2 CPD 239
BIDS - COMPETITIVE SYSTEM - EQUAL BIDDING BASIS FOR ALL BIDDERS DIGEST: PROTEST THAT INVITATION INCLUDED ONLY PHOTOGRAPHICALLY-REDUCED DRAWINGS, AND THAT TO VIEW THE STANDARD SIZE DRAWINGS A BIDDER WOULD HAVE TO VISIT THE INSTALLATION, IS DISMISSED, SINCE ALL FIRMS HAVE THE SAME DRAWINGS AND THE SAME OPPORTUNITY TO VISIT THE INSTALLATION, AND THUS ARE BIDDING ON THE SAME BASIS.
UNITED ELECTRIC CO. OF BREVARD, INC.:
UNITED ELECTRIC CO. OF BREVARD, INC., PROTESTS THE DEPARTMENT OF THE AIR FORCE'S FAILURE TO INCLUDE A STANDARD-SIZE SET OF DRAWINGS IN INVITATION FOR BIDS NO. FD8650-86-B-0208. UNITED ELECTRIC COMPLAINS THAT THE INVITATION INCLUDED ONLY PHOTOGRAPHICALLY-REDUCED DRAWINGS, AND CAUTIONED BIDDERS TO USE THE APPLICABLE GRAPHIC SCALE PROVIDED ON THOSE DRAWINGS TO DETERMINE APPROXIMATE DIMENSIONS; THE PROTESTER STATES THAT IT NEEDS TO KNOW THE PRECISE DIMENSIONS INVOLVED IN THE PROJECT IN ORDER TO SUBMIT A PROPER BID.
WE DISMISS THE PROTEST WITHOUT RECEIVING A REPORT ON THE MATTER FOR THE AIR FORCE, SINCE IT IS CLEAR FROM UNITED ELECTRIC'S SUBMISSION THAT THE PROTEST HAS NO LEGAL MERIT. SEE 4 C.F.R. SEC. 21.3(F) (1986).
IN ITS LETTER OF PROTEST, UNITED ELECTRIC ADMITS THAT THE AIR FORCE HAS MADE AVAILABLE TO BIDDERS A STANDARD SET OF DRAWINGS, KEPT AT THE INSTALLATION. ALTHOUGH THE FIRM STATES THAT THE COST TO SEND AN EMPLOYEE TO VIEW THE DRAWINGS COULD BE BUILT INTO THE BID, UNITED ELECTRIC SUGGESTS THAT IT WOULD BE INCONVENIENT FOR THE GOVERNMENT TO ACCOMMODATE ALL THE FIRMS THAT MIGHT WANT TO VIEW THE INSTALLATION'S COPY.
WE SEE NO LEGAL BASIS TO OBJECT TO THE AIR FORCE'S APPROACH, AS IT INVOLVES THE DRAWINGS, TO CONDUCTING A FAIR COMPETITION. THE AGENCY HAS FURNISHED ALL BIDDERS WITH THE SAME PHOTOGRAPHICALLY REDUCED DRAWINGS, AND HAS GIVEN ALL THE SAME OPPORTUNITY TO VIEW THE STANDARD ONES AT THE INSTALLATION.
THAT THE GOVERNMENT MIGHT ENCOUNTER PROBLEMS AT THE INSTALLATION REGARDING SHOWING THE STANDARD DRAWINGS TO INTERESTED FIRMS IS NOT RELEVANT TO THE ACTUAL COMPETITION IN THE PROCUREMENT.