B-163568, APR. 5, 1968

B-163568, APR. 5, 1968

TO MR. SECRETARY:

REFERENCE IS MADE TO LETTER DATED MARCH 25, 1968, FROM THE DIRECTOR OF GENERAL SERVICES, REPORTING ON THE PROTEST OF THE FAST METAL PRODUCTS CORP. (FAST) AGAINST THE REJECTION OF ITS BID AS NONRESPONSIVE UNDER SOLICITATION NO. 188-1-31-68, AS AMENDED BY SOLICITATION NO. 188 2-8-68, ISSUED BY THE NATIONAL INSTITUTES OF HEALTH, PUBLIC HEALTH SERVICE. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO FAST DENYING ITS PROTEST.

WE NOTE THE REQUEST IN THE LETTER OF MARCH 25, 1968, FOR ADVICE AS TO WHETHER AWARD CAN BE MADE TO LENDERKING METAL PRODUCTS, INC., THE NEXT LOWEST BIDDER, IN THE EVENT OF OUR DENIAL OF THE PROTEST BY FAST. IN THIS RESPECT, IT IS REPORTED THAT LENDERKING DID NOT ACKNOWLEDGE RECEIPT OF, NOR RETURN, THE AMENDMENT CORRECTING THE DESCRIPTION OF ITEM NO. 2 TO CORRESPOND WITH PART 2 OF THE DRAWING, I.E., FROM LEFT HAND NEST BOX TO RIGHT-HAND NEST BOX. IT IS REPORTED THAT THIS AMENDMENT INVOLVES ONLY A MATTER OF FORM WHICH CORRECTS THE DESCRIPTION AS LISTED IN THE SCHEDULE AND DID NOT CHANGE THE REQUIREMENTS IN PART OR IN TOTAL FROM THAT SPECIFIED ON THE DRAWING WHICH IS STATED CORRECTLY IN THE SCHEDULE FOR BOTH ITEMS NOS. 1 AND 2. WE NOTE IN THIS REGARD THAT ALL RESPONSIVE BIDDERS, BUT ONE, QUOTED IDENTICAL PRICES (UNIT AND EXTENDED) FOR ITEMS NOS. 1 AND 2. THAT BEING THE CASE, IT WOULD APPEAR, AS ADMINISTRATIVELY REPORTED, THAT THE AMENDMENT DID NOT AFFECT THE PRICE, QUANTITY AND QUALITY OF THE PROCUREMENT AND WE WOULD NOT OBJECT TO AN AWARD OF A CONTRACT TO LENDERKING, IF PROPER IN OTHER RESPECTS.