B-151543, OCT. 9, 1963

B-151543, OCT. 9, 1963

TO NUCLEAR SUPPLY AND SERVICE COMPANY:

WE REFER TO YOUR LETTER DATED MAY 13, 1963, AND SUBSEQUENT CORRESPONDENCE IN WHICH YOU PROTEST THE MANNER IN WHICH CERTAIN PRE AWARD SURVEYS TO DETERMINE YOUR RESPONSIBILITY WERE CONDUCTED, AND YOU ALSO PROTEST THE RECOMMENDATION TO THE CONTRACTING OFFICER CONTAINED THEREIN.

ON FEBRUARY 27, 1963, THE ROCK ISLAND ARSENAL, ROCK ISLAND, ILLINOIS, ISSUED INVITATION FOR BIDS NO. AMC-11-070-63-173 SOLICITING BIDS FOR THE PROCUREMENT OF A SILICON DIODE TYPE RECTIFIER. IN RESPONSE TO THIS INVITATION THREE BIDS WERE RECEIVED AS FOLLOWS:

TABLE

ALLIED RESEARCH PRODUCTS, INCORPORATED $3,685

G. S. ROBBINS AND COMPANY 4,405

(AND AN ALTERNATE BID OF $3,635)

NUCLEAR SUPPLY AND SERVICE COMPANY2,789

(AND AN ALTERNATE BID OF $2,749)

THE INVITATION REQUIRED THAT BIDDERS LIST THE MANUFACTURER OF THE ABOVE RECTIFIER AND IN THIS REGARD ALLIED RESEARCH PRODUCTS, INCORPORATED INDICATED THE MANUFACTURER TO BE ALLIED RESEARCH PRODUCTS, INCORPORATED; G. S. ROBBINS INDICATED THAT HANSON-VAN WINKLE MUNNING COMPANY WOULD BE ITS MANUFACTURER; AND YOU LISTED GENERAL NUCLEAR CORPORATION, 4360 BULLARD AVENUE, NEW YORK 66, NEW YORK, AS YOUR MANUFACTURER FOR THIS ITEM. BIDS WERE OPENED ON MARCH 15, 1963, AND YOUR BID WAS THE LOWEST BID RECEIVED. AFTER OPENING THERE WERE SEVERAL REQUESTS FOR EXTENSION FOR ACCEPTANCE OF BIDS AND WE ARE ADVISED THAT THE ACCEPTANCE PERIOD FOR YOUR BID HAS BEEN EXTENDED UNTIL OCTOBER 11, 1963, WHILE THE ALLIED RESEARCH PRODUCTS, INCORPORATED BID HAS BEEN EXTENDED UNTIL NOVEMBER 10, 1963.

THE CONTRACTING OFFICER REPORTS THAT WHILE YOU SUBMITTED THE LOWEST BID, SUFFICIENT INFORMATION TO PERMIT A DETERMINATION OF YOUR RESPONSIBILITY WAS NOT AVAILABLE. CONSEQUENTLY, ON APRIL 8, 1963, THE CONTRACTING OFFICER REQUESTED A PRE-AWARD SURVEY OF YOUR CONCERN BY THE PHILADELPHIA PROCUREMENT DISTRICT. THE FIRST PRE-AWARD SURVEY REPORT FROM THE ORDINANCE CORPS, PHILADELPHIA PROCUREMENT DISTRICT DATED MAY 10, 1963, INFORMED THE CONTRACTING OFFICER AT ROCK ISLAND ARSENAL THAT AWARD TO YOU WAS NOT RECOMMENDED AS YOU COULD NOT MEET THE REQUIRED DELIVERY SCHEDULE. HOWEVER, WE ARE INFORMED THAT IN VIEW OF THE EXTENSIONS FOR BID ACCEPTANCE WHICH WERE REQUESTED FROM YOUR HEADQUARTERS, UNITED STATES ARMY MATERIEL COMMAND NOW DOES NOT BELIEVE THIS TO BE A SUFFICIENT BASIS FOR THE REJECTION OF YOUR BID. ANOTHER PRE-AWARD SURVEY DATED MAY 23, 1963, BY THE ORDINANCE CORPS, PHILADELPHIA PROCUREMENT DISTRICT ALSO RECOMMENDED THAT AWARD SHOULD NOT BE MADE TO YOU AND THE BASIS FOR THIS CONCLUSION WAS THAT YOU REFUSED TO SUPPLY INFORMATION WHICH WAS NECESSARY TO EVALUATE YOUR ABILITY TO PERFORM. YOU WERE THEREFORE FOUND TO BE UNSATISFACTORY AS TO TECHNICAL ABILITY, PRODUCTION ABILITY, PLANT FACILITIES AND EQUIPMENT, INSPECTION ABILITY, AND ABILITY TO MEET THE REQUIRED DELIVERY SCHEDULE, AND ON MAY 23, 1963, THE PHILADELPHIA PROCUREMENT DISTRICT NOTIFIED YOU OF THESE FINDINGS.

IN CONDUCTING THE SECOND PRE-AWARD SURVEY THE PHILADELPHIA PROCUREMENT DISTRICT ENCOUNTERED MANY DIFFICULTIES IN MAKING CONTACTS WITH REPRESENTATIVES OF YOUR CONCERN. THE OFFICE ADDRESS LISTED IN YOUR BID WAS FOUND TO BE OCCUPIED BY AN ANSWERING SERVICE. THE ADDRESS OF YOUR PROPOSED MANUFACTURER GENERAL NUCLEAR SUPPLY COMPANY WHICH WAS ALSO LISTED IN YOUR BID WAS FOUND TO BE OCCUPIED BY AN ANSWERING SERVICE. YOU REFUSED TO FURNISH ANY INFORMATION AS TO WHERE THE PRODUCTION FACILITIES OF YOUR PROPOSED MANUFACTURER WERE LOCATED. THE ADDRESS OF AN AREA IN THE TIVOLI BUILDING, 3313 FOURTEENTH STREET NORTHWEST, WASHINGTON, D.C., WHICH YOU GAVE TO A REPRESENTATIVE OF THE PHILADELPHIA PROCUREMENT DISTRICT WAS FOUND TO BE APPROXIMATELY 400 FEET OF LOCKED STORAGE SPACE WHICH APPARENTLY HAD NOT BEEN VISITED BY YOU FOR MONTHS. DUN AND BRADSTREET REPORTS HAVE OFFERED NO CONCLUSIVE EVIDENCE OF EITHER YOUR RESPONSIBILITY OR THE RESPONSIBILITY OF YOUR PROPOSED MANUFACTURER. YOU FAILED TO FILE PAPERS NECESSARY TO OBTAIN A CERTIFICATE OF COMPETENCY FROM THE SMALL BUSINESS ADMINISTRATION AFTER EXPRESSING YOUR INTENTION TO FILE FOR THIS CERTIFICATE. ALTHOUGH YOU QUESTION THE MANNER IN WHICH THE PRE-AWARD SURVEY OF YOUR CONCERN WAS CONDUCTED APPARENTLY MOST OF THE DIFFICULTIES HERE RESULTED FROM A FAILURE BY YOU TO COMPLY WITH REQUESTS FOR INFORMATION, AND IN THIS REGARD YOUR PROTEST CONTAINS NO CONCLUSIVE EVIDENCE WHICH WOULD CLARIFY OR EXPLAIN THE DEFICIENCIES FOUND.

IN THESE CIRCUMSTANCES WE FIND NO BASIS TO QUESTION THE RECOMMENDATIONS TO THE CONTRACTING OFFICER THAT YOU ARE NOT A RESPONSIBLE BIDDER, AND YOUR PROTEST IS THEREFORE DENIED.