B-158889, JUN. 13, 1966
Highlights
DEFENSE SUPPLY AGENCY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO INSTRUMENT SYSTEMS CORPORATION. THE MATTER WAS THE SUBJECT OF A REPORT DATED MAY 23. NEITHER OF WHICH WAS TIMELY ACKNOWLEDGED BY ASTROCOM ELECTRONICS. IT IS OUR VIEW THAT. THERE IS NO SHOWING THAT THE CHANGE IN THE QUANTITY OF THE INITIAL SHIPMENT COULD REASONABLY HAVE BEEN EXPECTED TO RESULT IN AN UPWARD REVISION OF ASTROCOM'S BID. WE ARE UNABLE TO CONCLUDE THAT OTHER BIDDERS HAVE BEEN PREJUDICED BY THE FAILURE OF ASTROCOM TO ACKNOWLEDGE RECEIPT OF AMENDMENT NO. 2 TO THE IFB.
B-158889, JUN. 13, 1966
TO DIRECTOR, DEFENSE SUPPLY AGENCY:
ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO INSTRUMENT SYSTEMS CORPORATION, DENYING ITS PROTEST AGAINST THE REJECTION OF ITS BID UNDER INVITATION FOR BIDS (IFB) NO. DSA-9-66-1854, ISSUED JANUARY 24, 1966, BY THE DEFENSE ELECTRONICS SUPPLY CENTER (DESC), DEFENSE SUPPLY AGENCY (DSA), DAYTON, OHIO. THE MATTER WAS THE SUBJECT OF A REPORT DATED MAY 23, 1966, FROM YOUR ASSISTANT COUNSEL.
CONCERNING THE TWO AMENDMENTS TO THE IFB, NEITHER OF WHICH WAS TIMELY ACKNOWLEDGED BY ASTROCOM ELECTRONICS, INC., THE SECOND LOW BIDDER WHO RECEIVED THE AWARD, WE CONCUR WITH THE VIEW OF THE DESC THAT IN THE CIRCUMSTANCES OF THIS CASE NEITHER AMENDMENT HAD ANY SUBSTANTIVE EFFECT ON THE IFB TERMS. WITH RESPECT TO AMENDMENT NO. 2, HOWEVER, IT IS OUR VIEW THAT, NORMALLY, A REDUCTION IN AN INITIAL DELIVERY REQUIREMENT FROM 2,500 TO 1,000 UNITS WOULD APPEAR TO BE A SUBSTANTIVE CHANGE IN DELIVERY REQUIREMENTS, AND, THEREFORE, A BIDDER'S FAILURE TO TIMELY ACKNOWLEDGE SUCH AN AMENDMENT WOULD RENDER HIS BID NONRESPONSIVE. IN THIS CASE, HOWEVER, THERE IS NO SHOWING THAT THE CHANGE IN THE QUANTITY OF THE INITIAL SHIPMENT COULD REASONABLY HAVE BEEN EXPECTED TO RESULT IN AN UPWARD REVISION OF ASTROCOM'S BID. B 144185, JANUARY 25, 1961. ACCORDINGLY, WE ARE UNABLE TO CONCLUDE THAT OTHER BIDDERS HAVE BEEN PREJUDICED BY THE FAILURE OF ASTROCOM TO ACKNOWLEDGE RECEIPT OF AMENDMENT NO. 2 TO THE IFB. THEREFORE, WE FIND NO LEGAL BASIS FOR OBJECTION TO THE AWARD MADE TO ASTROCOM ON THE BASIS OF ITS BID OFFERING AN INITIAL DELIVERY OF 2,500 UNITS.