B-167429, OCT. 29, 1970
Highlights
NO AWARD SHOULD HAVE BEEN MADE THEREUNDER. INC.: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22. WE BELIEVE THAT THE IFB WAS AMBIGUOUS AND THAT NO AWARD SHOULD HAVE BEEN MADE THEREUNDER. WE HAVE.
B-167429, OCT. 29, 1970
BID PROTEST AFFIRMING DENIAL OF PROTEST BY PAUL H. WERRES COMPANY, INC., LOW BIDDER, AGAINST THE AWARD OF CONTRACT TO NAMCO INDUSTRIAL DIVISION, NORTH AMERICAN MANUFACTURING CO., FOR FORKLIFT TRUCKS. SINCE MORE THAN ONE REASONABLE INTERPRETATION OF THE TERM "BATTERYIES)" AS USED IN IFB EXISTS, NO AWARD SHOULD HAVE BEEN MADE THEREUNDER. HOWEVER, NO ACTION MAY NOW BE TAKEN AS THE CONTRACT HAS BEEN FULLY PERFORMED.
TO PAUL H. WERRES COMPANY, INC.:
REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22, 1969, REQUESTING RECONSIDERATION OF OUR DECISION B-167429, SEPTEMBER 11, 1969, WHICH DENIED YOUR PROTEST AGAINST THE AWARD OF A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT FOR FORKLIFT TRUCKS UNDER INVITATION FOR BIDS (IFB) NO. H-53-69.
IN AN ATTEMPT TO CLARIFY SOME OF THE TECHNICAL MATTERS RAISED BY YOUR FIRM INVOLVING THE BATTERY REQUIREMENTS OF THE SPECIFICATIONS, OUR OFFICE REQUESTED THE ADVICE OF THE NATIONAL BUREAU OF STANDARDS (NBS), DEPARTMENT OF COMMERCE. THE NBS REPLY (COPY ENCLOSED) CONVINCES US THAT MORE THAN ONE REASONABLE INTERPRETATION OF THE TERM "BATTERYIES)" AS USED IN THE INVITATION SPECIFICATIONS EXISTS. CONSEQUENTLY, WE BELIEVE THAT THE IFB WAS AMBIGUOUS AND THAT NO AWARD SHOULD HAVE BEEN MADE THEREUNDER. SINCE THE CONTRACT AWARDED UNDER THE IFB HAS BEEN FULLY PERFORMED, NO CORRECTIVE ACTION MAY BE TAKEN AT THIS DATE. WE HAVE, HOWEVER, BROUGHT THIS MATTER TO THE ATTENTION OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH THE RECOMMENDATION THAT FUTURE SPECIFICATIONS FOR INDUSTRIAL TRUCKS BE DRAFTED IN THE LIGHT OF THE COMMENTS CONTAINED IN THE BUREAU OF STANDARDS' LETTER OF AUGUST 17, 1970.