B-147152, OCT. 12, 1961

B-147152, OCT. 12, 1961

TO CLEVELAND DIESEL ENGINE DIVISION, GENERAL MOTORS CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM AND LETTER OF SEPTEMBER 8, 1961, PROTESTING THE REJECTION OF YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. CG-52,383-A ISSUED BY U.S. COAST GUARD HEADQUARTERS, WASHINGTON, D.C.

THE INVITATION REQUESTED BIDS FOR MAIN PROPULSION POWER PLANTS FOR A NEW CLASS OF COAST GUARD PATROL VESSELS IN STRICT ACCORDANCE WITH ATTACHED PURCHASE DESCRIPTION ENE 32-61 DATED JUNE 9, 1961. PARAGRAPH 3.5, PAGE 6, SECTION "A," OF THE PURCHASE DESCRIPTION REQUIRED THAT BIDDERS ,SHALL SUBMIT A SKETCH OF THE COMPLETE MAIN PROPULSION ENGINE PACKAGE INDICATING THE LOCATION OF THE REDUCTION GEAR OUTPUT SHAFT COUPLING, DIESEL ENGINE CRANKSHAFT CENTERLINE, GAS TURBINE OUTPUT COUPLING CENTERLINE, CONTROLLABLE PITCH PROPELLER EQUIPMENT, AND INDICATE ALL PERTINENT DIMENSIONS OF ALL COMPONENTS IN TWO VIEWS.' THE SAID PARAGRAPH ALSO SETS FORTH THE MAXIMUM DIMENSIONS FOR VARIOUS COMPONENTS, INCLUDING "THE MAXIMUM DIMENSION FROM THE OUTPUT COUPLING OF THE REDUCTION GEAR TO THE FORWARD END OF THE GAS TURBINE SHALL BE TWELVE FEET (12 FT. 0 IN.)," AND PROVIDES THAT "THE DRY WEIGHT OF THE DIESEL ENGINE, GAS TURBINE AND REDUCTION GEAR ASSEMBLED AS A COMPLETE UNIT INCLUDING ALL ATTACHED ACCESSORIES SHALL NOT EXCEED FIFTY THOUSAND (50,000) POUNDS.'

PARAGRAPH 6.1, PAGE 14, SECTION A, OF THE PURCHASE DESCRIPTION REQUIRED BIDDERS TO SUBMIT CERTAIN DESCRIPTIVE DATA ON THE EQUIPMENT BEING OFFERED, INCLUDING THE MAKE, MODEL AND WEIGHT OF THE REDUCTION GEAR.

SIX BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION. IN THE REVIEW OF YOUR BID, THE LOWEST RECEIVED, AND ITS ACCOMPANYING DESCRIPTIVE DATA, THE CONTRACTING OFFICER DETERMINED THAT IT WAS NON-RESPONSIVE IN AT LEAST THREE MATERIAL RESPECTS AS FOLLOWS:

1. YOUR DRAWING NO. SK071361A SHOWS THE EQUIPMENT OFFERED TO BE 12 FT. 2 IN., OR TWO INCHES OVER THE MAXIMUM PERMITTED BY PARAGRAPH 3.5 QUOTED ABOVE, AND THIS DRAWING IS THE ONLY PLACE IN YOUR BID WHERE THIS DIMENSION IS SHOWN.

2. YOUR BID OFFERED A REDUCTION GEAR BY THE LUFKIN FOUNDRY AND MACHINERY COMPANY WITH GEARS BY FARREL-BIRMINGHAM COMPANY, INC., AND WESTERN GEAR CORPORATION AS ALTERNATES, AT YOUR OPTION. A FOURTH REDUCTION GEAR, THAT OF PHILADELPHIA GEAR CORPORATION, WAS ADDED BY TELEGRAM RECEIVED SHORTLY BEFORE THE BID OPENING. HOWEVER NO INFORMATION WAS FURNISHED AS TO THE MODEL NUMBER, WEIGHT OR OTHER PERTINENT DATA CONCERNING THE FOURTH GEAR AS REQUIRED BY THE INVITATION. SINCE YOU HAD RETAINED THE OPTION OF DECIDING WHICH OF THE REDUCTION GEARS WOULD BE PROVIDED, THE CONTRACTING OFFICER DETERMINED THAT IN EVALUATING THE RESPONSIVENESS OF YOUR BID TO THE SPECIFICATIONS, IT WOULD BE NECESSARY THAT ALL FOUR REDUCTION GEARS OFFERED MEET THE SPECIFICATIONS AND, SINCE NONE OF THE REQUIRED DATA WAS SUBMITTED WITH RESPECT TO ONE OF THE GEARS, THE BID WAS NON RESPONSIVE.

3. THE DATA SUBMITTED WITH YOUR BID SHOWED THAT IF THE FARREL BIRMINGHAM COMPANY GEAR WERE FURNISHED THE TOTAL WEIGHT WOULD BE 50,300 POUNDS RATHER THAN A MAXIMUM OF 50,000 POUNDS AS PROVIDED BY PARAGRAPH 3.5 QUOTED ABOVE.

IN ADDITION TO THE ABOVE THERE IS SOME CONFUSION IN THE DATA SUBMITTED WITH YOUR BID WITH RESPECT TO THE PROPELLER SHAFTING OFFERED. THE SPECIFICATIONS REQUIRE THE SHAFTS TO ROTATE INBOARD AND WHILE MOST OF THE DATA INDICATES INBOARD ROTATION, ONE PLAN SHOWS OUTBOARD ROTATION.

YOU PROTEST THE ACTION TAKEN BY THE CONTRACTING OFFICER ON THE BASIS THAT NO EXCEPTIONS TO THE SPECIFICATIONS WERE STIPULATED IN EITHER YOUR COVER LETTER OR YOUR PROPOSAL BOOKLET AND THAT, THEREFORE, YOUR BID CAN ONLY BE CONSTRUED AS HAVING BEEN SUBMITTED ON THE BASIS OF COMPLYING WITH THE SPECIFICATIONS IN EVERY RESPECT. IT IS STATED THAT YOUR DRAWING, SKETCH 071361A, SUBMITTED WITH YOUR BID, SHOWS THE OVERALL LENGTH FROM THE FORWARD END OF THE ENGINE TO THE OUTPUT COUPLING OF THE REDUCTION GEAR TO BE 20 FT. 2 IN., WHICH COMPLIES WITH THE SPECIFICATIONS, BUT THAT THE 12 FT. 2 IN. SHOWN FOR THE OVERALL LENGTH OF THE GAS TURBINE, FROM THE FORWARD END OF THE GAS TURBINE TO THE OUTPUT COUPLING OF THE REDUCTION GEAR, WAS IN ERROR IN THAT THE DIMENSION ARROWHEAD, WHICH DEPICTS THE 6 FT. 10 IN. DIMENSION ON THE DRAWING, SHOULD HAVE EXTENDED OVER THE CENTERLINE OF THE COUPLING, INSTEAD OF TO THE END OF THE TURBINE BASE. THIS WOULD HAVE INDICATED THE CORRECT LENGTH OF 11 FT. 9 IN. FOR THIS DIMENSION, WHICH IS LESS THE SPECIFICATION MAXIMUM. IT IS ALSO STATED THAT THE TURBINE OFFERED BY YOU IS IDENTICAL TO THAT OFFERED BY THE OTHER BIDDERS, SINCE THE SOLAR TURBINE WAS THE ONLY ONE PROPOSED.

IT IS CONTENDED THAT ALTHOUGH YOU SPECIFIED IN YOUR COVER LETTER THAT THE SELECTION OF THE GEAR EQUIPMENT WOULD BE AT YOUR OPTION, YOU OBVIOUSLY WOULD NOT OR COULD NOT SUPPLY GEAR EQUIPMENT THAT DID NOT MEET THE SPECIFICATIONS IN ALL RESPECTS, INCLUDING THE MAXIMUM WEIGHT LIMITATION OF 50,000 POUNDS. IT IS ALSO STATED THAT THE ONE DRAWING WHICH INDICATED OUTBOARD TURNING PROPELLORS, RATHER THAN INBOARD, WAS ONLY A DRAWING ERROR.

THE DRAFTING OF PROPER SPECIFICATIONS IS WITHIN THE PROVINCE OF THE CONTRACTING AGENCY. CONSISTENT WITH SUCH AUTHORITY THE INVITATION MAY PROPERLY REQUIRE THAT DESCRIPTIVE DATA ACCOMPANY EACH BID. WHERE THE INVITATION CLEARLY REQUIRES THE SUBMISSION OF SUCH DATA WITH THE BID, IT HAS BEEN OUR CONSISTENT POSITION THAT THE PROVISION SHOULD BE COMPLIED WITH IN ACCORDANCE WITH ITS CLEAR MEANING 40 COMP. GEN. 132; 37 COMP. GEN. 763. THE FAILURE TO SUBMIT SUCH DATA OR THE FAILURE OF THE DATA SUBMITTED TO SHOW THAT THE EQUIPMENT OFFERED MEETS THE REQUIREMENTS OF THE SPECIFICATIONS REQUIRES THE REJECTION OF THE BID AS NON-RESPONSIVE. THE FAILURE TO TAKE EXCEPTIONS TO THE SPECIFICATIONS OR STATEMENTS WHICH MAY CONSTITUTE AN OVERALL OFFER TO COMPLY WITH THE SPECIFICATIONS, REGARDLESS OF THE DATA, CANNOT BE REGARDED AS COMPLYING WITH SPECIFIC REQUIREMENTS OF AN INVITATION FOR THE FURNISHING OF MATERIAL DATA. 36 COMP. GEN. 415; 40 COMP. GEN. 132.

IN THE INSTANT CASE NO DATA WAS SUBMITTED WITH RESPECT TO THE FOURTH GEAR OFFERED; THE DATA SUBMITTED SHOWED THAT IF ONE OF THE GEARS OFFERED WAS USED THE TOTAL WEIGHT WOULD EXCEED THE MAXIMUM ALLOWED; AND THAT DATA SHOWED THAT THE LENGTH OF A PART OF THE MACHINERY WAS EXCESSIVE. IN THE CIRCUMSTANCES WE FIND NO LEGAL BASIS UPON WHICH WE COULD OBJECT TO THE REJECTION OF YOUR BID AS NONRESPONSIVE TO THE REQUIREMENTS OF THE INVITATION AND, THEREFORE, YOUR PROTEST MUST BE DENIED.