B-167252, SEP 17, 1969

B-167252, SEP 17, 1969

BID PROTEST - DELIVERY REQUIREMENTS DECISION OF PROGRESS INDUSTRIES, INC., REAFFIRMING DECISION OF AUGUST 14, 1969, DENYING PROTEST AGAINST CONSIDERATION OF BIDS OF FIRE TRUCKS, INC., LOW BIDDER. FAILURE OF LOW BIDDER FOR FIRE TRUCKS TO PROVIDE GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS IS MINOR INFORMALITY AND MAY BE WAIVED. FACT THAT BID WAS EVALUATED ON BASIS OF HEIGHT AND WEIGHT OF FIRE TRUCKS WITHOUT INCLUSION OF SPOT LIGHTS AND WARNING LIGHTS WAS PROPER SINCE PACKING PROVISIONS REQUIRE REMOVAL OF SUCH LIGHTS WHEN TRUCKS ARE SHIPPED WITHIN UNITED STATES DESTINATIONS CONTRACTOR IS LIABLE FOR TRANSPORTATION COSTS.

PROGRESS INDUSTRIES, INCORPORATED:

WE REFER TO YOUR LETTER OF AUGUST 22, 1969, REQUESTING THAT WE RECONSIDER OUR DECISION OF AUGUST 14, 1969 (B-167252), IN WHICH WE DENIED YOUR PROTEST AGAINST THE CONSIDERATION OF BIDS SUBMITTED BY FIRE TRUCKS, INCORPORATED, UNDER INVITATIONS FOR BIDS NOS. DSA-700-69-B-3305 AND DSA - 700-69-B-3420 (HEREAFTER "3305" AND "3420" RESPECTIVELY), ISSUED BY THE DEFENSE SUPPLY AGENCY.

WE HELD IN OUR DECISION OF AUGUST 14 THAT FIRE TRUCKS' FAILURE TO FURNISH GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS WAS A MINOR INFORMALITY THAT COULD BE WAIVED SINCE ITS BIDS INCLUDED SUFFICIENT INFORMATION FOR DETERMINING THE TRANSPORTATION COSTS AND EVALUATION OF THE BIDS CONCLUSIVELY SHOWED THAT ITS BIDS WERE LOWER THAN ANY OTHERS. YOU CONTEND THAT THE DIMENSIONS OF THE PRODUCTS OFFERED BY FIRE TRUCKS, AS STATED IN PAGES 1 AND 2 OF EXHIBIT B OF THE BIDS ARE CHASSIS DIMENSIONS ONLY AND THAT FIRE TRUCKS' BIDS SHOULD BE EVALUATED ON THE BASIS OF THE MAXIMUM DIMENSIONS STATED IN THE SPECIFICATIONS; I.E., WIDTH 96 INCHES, LENGTH 25 FEET AND HEIGHT 9 FEET. IN THIS CONNECTION, YOU NOTE THAT THE SPECIFICATIONS REQUIRE SPOTLIGHTS AND WARNING LIGHTS WHICH ADD TO THE UNIT HEIGHT AND THAT ON FIRE TRUCKS' CHASSIS THESE MUST BE ROOF MOUNTED. YOU NOTE FURTHER THAT IFB 3420 HAS 17 UNITS DESTINED FOR OVERSEAS SHIPMENT AND THE CUBE IS A DEFINITE FACTOR IN THE EVALUATION.

BY LETTER DATED SEPTEMBER 8, 1969, THE DEFENSE SUPPLY AGENCY FURNISHED US A REPORT WHICH NOTES THAT IFB 3305 DOES NOT CONTEMPLATE OVERSEAS SHIPMENT AND THAT THE DIMENSIONS DO NOT, THEREFORE, AFFECT EVALUATION OF THE BIDS. IN ANY EVENT, FIRE TRUCKS' BID UNDER IFB 3305 IS LOW ON AN F.O.B. DESTINATION BASIS.

WITH REGARD TO IFB 3420 THE CONTRACTING OFFICER REPORTS THAT ADVICE FROM FIRE TRUCKS HAS CONFIRMED YOUR CONTENTION THAT THE DIMENSIONS STATED IN ITS BID ARE DIMENSIONS OF THE CHASSIS AND DO NOT REPRESENT THE ACTUAL DIMENSIONS OF THE UNIT TO BE FURNISHED. SINCE THE SPECIFICATIONS DO NOT SET FORTH A MAXIMUM WIDTH OR LENGTH EXCEPT AS SPECIFIED IN PARAGRAPH 3.7.2 OF MIL-T-19233D (96 INCHES AND 300 INCHES RESPECTIVELY), AND SINCE THE ACTUAL MAXIMUM WIDTH AND LENGTH CANNOT BE ASCERTAINED FROM OTHER INFORMATION IN FIRE TRUCKS' BID OR FROM OTHER SPECIFICATION REQUIREMENTS, THE CONTRACTING OFFICER AGREES WITH YOUR POSITION THAT THE MAXIMUM WIDTH AND LENGTH FIGURES STATED IN PARAGRAPH 3.7.2 MUST BE USED FOR EVALUATION PURPOSES.

THE CONTRACTING OFFICER DOES NOT AGREE, HOWEVER, WITH YOUR CONTENTIONS CONCERNING THE HEIGHT OF THE UNIT. HE NOTES THAT THE HEIGHT STATED BY FIRE TRUCKS ON PAGE 2 OF EXHIBIT B OF ITS BID REPRESENTS THE CHASSIS HEIGHT, I.E., THE HEIGHT OF THE TRUCK (UNLOADED) FROM THE GROUND TO THE TOP OF THE CAB. WHILE YOU CONTEND THAT TO THIS HEIGHT MUST ALSO BE ADDED THE HEIGHT OF THE WARNING LIGHTS AND THE HEIGHT OF THE SPOT LIGHTS, WE AGREE WITH THE CONTRACTING OFFICER'S CONCLUSION THAT THE CHASSIS HEIGHT STATED IN FIRE TRUCKS' BID (91.4 INCHES) IS A VALID HEIGHT FOR PURPOSES OF EVALUATION OF OVERSEAS QUANTITIES.

YOUR CONTENTIONS CONCERNING THE WARNING AND SPOT LIGHTS DO NOT TAKE INTO ACCOUNT OTHER REQUIREMENTS OF THE SPECIFICATIONS. PARAGRAPH 5.1 ON PAGE 13 OF 40 OF THE IFB PROVIDES IN PERTINENT PART:

"5.1 PRESERVATION AND PACKAGING ***

"TRUCK CHASSIS. THE TRUCK CHASSIS SHALL BE PRESERVED AND PACKAGED IN ACCORDANCE WITH LEVEL B (MOBILE) REQUIREMENTS OF MIL-STD-281A, AND CHANGE NOTICE-1 DATED 23 NOVEMBER 1965 ***"

PARAGRAPH 4.3 OF MIL-STD-281A, ENTITLED "DISASSEMBLY", AS SUPERSEDED BY CHANGE NOTICE- 1, STATES:

"MAXIMUM PRACTICABLE REDUCTION IN CUBE SHALL BE EFFECTED FOR ALL OVERSEAS SHIPMENTS. PARTS VULNERABLE TO DAMAGE AND PILFERAGE; AND PROJECTING PARTS WHOSE REMOVAL WILL ACCOMPLISH THE DESIRED REDUCTION IN CUBE, SUCH AS SOFT TOP CABS, CARGO BODY COVERS (IF APPLICABLE), BOWS, GEAR SHIFT KNOBS, WINDSHIELD WIPER ARMS AND BLADES, AND SIDE VIEW MIRRORS SHALL BE REMOVED. RELATED VEHICULAR COMPONENTS AND ABOVE ITEMS SHALL BE PRESERVED, PACKAGED AND PACKED *** AND STOWED ON THE VEHICLE *** THE PACKED PARTS SHALL BE PLACED IN A PROTECTED LOCATION ON THE VEHICLE AND SECURED IN A MANNER TO PREVENT MOVEMENT AND DAMAGE DURING SHIPMENT AND STORAGE ***."

THE CONTRACTING OFFICER STATES THAT THE ABOVE PROVISIONS REQUIRE THE REMOVAL OF THE SPOT LIGHTS AND WARNING LIGHTS OF TRUCKS SHIPPED OVERSEAS SINCE THEY ARE VULNERABLE TO DAMAGE AND PILFERAGE AND THEIR REMOVAL WILL ACCOMPLISH THE MAXIMUM PRACTICABLE REDUCTION IN CUBE. ACCORDINGLY, HE CONCLUDES THAT THE HEIGHT STATED IN FIRE TRUCKS' BID IS A VALID HEIGHT FOR PURPOSES OF EVALUATION OF OVERSEAS QUANTITIES AND, AS TO TRUCKS SHIPPED TO UNITED STATES DESTINATIONS, THE CONTRACTOR WILL BE RESPONSIBLE FOR TRANSPORTATION COSTS SINCE THE BIDDING ON THESE ITEMS WAS ON AN F.O.B. DESTINATION BASIS. IN OUR OPINION, THE CONTRACTING OFFICER'S CONCLUSIONS WITH RESPECT TO THE REQUIREMENTS OF PARAGRAPH 4.3 OF MIL-STD-281A AS SUPERSEDED BY CHANGE NOTICE - 1 IS SOUND AND WE FIND NO GROUNDS UPON WHICH TO CHALLENGE HIS CONCLUSIONS.

THE DEFENSE SUPPLY AGENCY HAS DETERMINED THAT WHEN THE BID OF FIRE TRUCKS IS EVALUATED ON THE BASIS OF 91.4 INCHES HEIGHT, 96 INCHES WIDTH AND 300 INCHES LENGTH, THE DELIVERED PRICE TO THE GOVERNMENT FOR THE ENTIRE CONTRACT QUANTITY IS $1,067,490.71. THIS PRICE IS $4,104.94 LOWER THAN YOUR BID.

IN VIEW OF THE FOREGOING, THE CONCLUSION REACHED IN OUR DECISION OF AUGUST 14, 1969, THAT FIRE TRUCKS' FAILURE TO PROVIDE GUARANTEED MAXIMUM SHIPPING WEIGHTS AND DIMENSIONS COULD BE WAIVED AS A MINOR INFORMALITY IS CORRECT AND IT IS AFFIRMED.