B-145092, APR. 7, 1961

B-145092, APR. 7, 1961

TO WANG LABORATORIES, INC.:

FURTHER REFERENCE IS MADE TO A COPY OF A LETTER DATED FEBRUARY 13, 1961, TO THE ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, PROTESTING AGAINST THE AWARD OF A CONTRACT TO THE DATEX CORPORATION UNDER INVITATION FOR BIDS NO. A-3491. YOUR PROTEST AGAINST THE AWARD IS DIRECTED TO THE FACT THAT YOU WERE THE LOWEST BIDDER UNDER THE INVITATION.

THE INVITATION ISSUED ON DECEMBER 7, 1960, BY THE AMES RESEARCH CENTER, REQUESTED BIDS FOR ONE CARD PUNCH DATA SYSTEM, AND PROVIDED ON PAGE 2 THAT:

"IN ORDER TO BE CONSIDERED FOR AWARD BIDDERS SHALL SUBMIT, WITH THEIR QUOTATIONS, SUFFICIENT INFORMATION AS TO THEIR PROPOSALS TO PERMIT A COMPLETE EVALUATION OF THE SYSTEM BEING OFFERED. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, A LISTING OF THE MAJOR SUB-ASSEMBLIES INCLUDED IN THE SYSTEM.'

TWO BIDS WERE RECEIVED AND OPENED ON DECEMBER 23, 1960, ONE FROM YOUR COMPANY IN THE AMOUNT OF $18,335 AND THE OTHER FROM THE DATEX CORPORATION IN THE AMOUNT OF $24,320.

SINCE THE DATA SUBMITTED WITH YOUR BID WAS INSUFFICIENT TO PERMIT AN EVALUATION OF THE BID, YOUR COMPANY WAS REQUESTED ON DECEMBER 28, 1960, TO SUBMIT DETAILED ENGINEERING INFORMATION FOR THE BASIC SYSTEM COMPONENTS TOGETHER WITH RELIABILITY DATA AND/OR SERVICE HISTORY. IT WAS INDICATED TO DR. WANG OF YOUR COMPANY THAT RELIABILITY DATA FOR THE SHAFT-TYPE ANALOG-TO-DIGITAL COMPUTER WOULD BE MOST IMPORTANT SINCE THIS ITEM CONTAINS BRUSHES WHICH RUB AGAINST A DISC AND IS THEREFORE PRONE TO FAILURES. DR. WANG ADVISED THAT YOUR COMPANY HAD NEVER SUBJECTED THIS DISC TO A LIFE TEST IN THE LABORATORY BUT THAT IT WAS BEING USED SUCCESSFULLY IN THE FIELD. ALSO, YOUR COMPANY WAS REQUESTED TO FURNISH A LIST OF CUSTOMERS WHO HAD PURCHASED SIMILAR EQUIPMENT SO THAT SUCH CUSTOMERS COULD BE CONTACTED TO OBTAIN FURTHER NECESSARY INFORMATION FOR BID EVALUATION.

UPON REVIEW OF SUCH REQUESTED INFORMATION BY THE AMES RESEARCH CENTER, IT WAS FOUND THAT YOUR COMPANY FAILED TO MEET SPECIFICATIONS IN AT LEAST TWO IMPORTANT RESPECTS; THAT IS, SERVICE RECORDS DID NOT SHOW 1,000,000 MAINTENANCE FREE REVOLUTIONS AS REQUIRED BY PARAGRAPH 3.3 OF THE SPECIFICATIONS, AND THE INPUT BUFFER OF THE CONTROL CHASSIS WAS NOT TRANSISTORIZED AS REQUIRED BY PARAGRAPH 4.1 OF THE SPECIFICATIONS. BOTH OF THESE CHARACTERISTICS WERE CONSIDERED AS BEING REQUIRED IN ORDER TO ASSURE THE SPECIFIED RELIABILITY. ON THIS BASIS, YOUR BID WAS DETERMINED TO BE NONRESPONSIVE. WE SEE NO VALID REASON FOR DISAGREEING WITH THAT DETERMINATION.

AS TO THE BID OF THE DATEX CORPORATION, IT WAS DETERMINED BY THEAMES RESEARCH CENTER THAT ITS BID MET OR EXCEEDED THE REQUIREMENTS OF THE SPECIFICATION. AWARD WAS THEREFORE MADE TO DATEX ON FEBRUARY 1, 1961, AS THE LOWEST RESPONSIVE BIDDER.

INASMUCH AS THE PROCUREMENT WAS NOT SET-ASIDE FOR SMALL BUSINESS,THE BUSINESS SIZE OF DATEX WAS OF NO CONSEQUENCE IN MAKING THE AWARD.

ACCORDINGLY, AND SINCE YOUR BID WAS NOT RESPONSIVE TO THE TECHNICAL REQUIREMENTS OF THE INVITATION, YOUR PROTEST MUST BE DENIED.