B-142253, MAY 9, 1960

B-142253, MAY 9, 1960

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTERS OF MARCH 9 AND 15, 1960, WITH ENCLOSURES, PROTESTING AGAINST THE REJECTION OF YOUR BID UNDER INVITATION NO. ORD-11-199-60-99 ISSUED BY HEADQUARTERS, ORDNANCE WEAPONS COMMAND, ROCK ISLAND, ILLINOIS.

THE INVITATION, DATED NOVEMBER 19, 1959, REQUESTED BIDS--- TO BE OPENED DECEMBER 21, 1959--- FOR FURNISHING SUPPLIES DESCRIBED IN ITEM NO. 1 AS FOLLOWS:

"ADAPTER SET, ABRASIVE WHEEL (RAISED HUB DISK TYPE) FOR 5/8-11 THREADED SPINDLE; BAY STATE ABRASIVE PRODUCTS CO. NR S-113, OR EQUAL.

STOCK NUMBER 3445-356-8826"

UNDER THE HEADING BRAND NAME OR EQUAL THE INVITATION PROVIDED:

"AS USED IN THIS CLAUSE, THE TERM ,BRAND NAME, INCLUDES IDENTIFICATION OF SUPPLIES BY MAKE AND MODEL.

"CERTAIN SUPPLIES CALLED FOR BY THIS INVITATION FOR BIDS ARE IDENTIFIED IN THE SCHEDULE BY A BRAND NAME "OR EQUAL" DESCRIPTION. THIS IDENTIFICATION IS DESCRIPTIVE RATHER RESTRICTIVE. BIDS OFFERING "OR EQUAL" SUPPLIES WILL BE CONSIDERED FOR AWARD IF SUCH SUPPLIES ARE CLEARLY IDENTIFIED IN THE BIDS AND ARE DETERMINED BY THE GOVERNMENT TO BE EQUAL TO THE BRAND NAMED SUPPLIES IN ALL MATERIAL RESPECTS.

"BIDDERS MUST CLEARLY INDICATE WHETHER THEIR BIDS ARE BASED ON A BRAND NAME ITEM OR ON AN ,EQUAL" ITEM BY FURNISHING THE INFORMATION REQUIRED BELOW. IF THE BIDDER DOES NOT IDENTIFY THE BRAND NAME OR DESCRIBE IN FULL THE "OR EQUAL" ITEM WHICH IS OFFERED, AS PROVIDED IN (1) AND (2) BELOW, THE BID WILL BE REJECTED.

"/1) IF THE BIDDER PROPOSES TO FURNISH A BRAND NAME ITEM SPECIFIED IN THIS INVITATION BY BRAND NAME IN THE FOLLOWING SPACE. BRAND NAME: -------

"/2) IF THE BIDDER PROPOSES TO FURNISH AN ,OR EQUAL, ITEM, THE FOLLOWING DESCRIPTIVE DATA MUST BE FURNISHED:

"BRAND NAME OF THE ITEM PROPOSED TO BE FURNISHED, IF ANY, AND FULL DESCRIPTION THEREOF, INCLUDING PERTINENT PHYSICAL, MECHANICAL, ELECTRICAL, AND CHEMICAL DETAILS AND A STATEMENT EXPLAINING THE DIFFERENCES BETWEEN THE ITEM BEING OFFERED AND ANY ONE OF THE CORRESPONDING BRAND NAME ITEMS CALLED FOR BY THIS INVITATION FOR BIDS. (THIS INFORMATION MAY BE SUPPLIED BY SEPARATE ATTACHMENTS TO THE BID.)"

THE PROVISIONS WERE BASED ON PARAGRAPH 1-305.6 (C) (2) OF THE ARMED SERVICES PROCUREMENT REGULATION.

IN RESPONSE TO THE INVITATION, YOU SUBMITTED THE LOW BID ON ITEM NO. 1. HOWEVER, THE ONLY DESCRIPTION FURNISHED BY YOU AS TO THE KIND OF SUPPLIES PROPOSED TO BE FURNISHED UNDER ITEM NO. 1 WAS THE FOLLOWING: "CARBORUNDUM - EQUAL.' ON FEBRUARY 5, 1960, AWARD WAS MADE TO THE CARBORUNDUM COMPANY, WHICH, IN ADDITION TO FURNISHING DESCRIPTIVE LITERATURE, HAD SPECIFICALLY PROPOSED TO FURNISH ITS "3D 35 ADAPTER KIT" UNDER ITEM NO. 1 OF THE INVITATION (CONTRACT NO. DA-11 199-ORD-446). THE FILE SHOWS THAT DELIVERY UNDER THE CONTRACT WAS COMPLETED MARCH 9, 1960.

THE ADMINISTRATIVE OFFICE STATES THAT YOUR BID WAS REJECTED FOR THE REASON THAT "CARBORUNDUM - EQUAL" PROPOSED TO BE FURNISHED BY YOU DID NOT CONSTITUTE A "FULL DESCRIPTION" OF THE ARTICLE AS REQUIRED BY THE INVITATION. IT IS STATED ALSO THAT OTHER BIDS WERE REJECTED FOR THE SAME REASON. IN VIEW OF YOUR FAILURE TO COMPLY WITH THE ABOVE-QUOTED PROVISIONS OF THE CONTRACT, THERE DOES NOT APPEAR TO BE ANY VALID BASIS FOR OBJECTION BY OUR OFFICE TO THE ACTION OF THE CONTRACTING OFFICER IN REJECTING YOUR BID.

THE FILE CONTAINS COPIES OF CORRESPONDENCE RELATIVE TO THE LATE ARRIVAL OF YOUR TELEGRAM MODIFYING YOUR BID. HOWEVER, IN VIEW OF THE CONCLUSION ABOVE STATED AS TO THE REJECTION OF YOUR BID ON OTHER GROUNDS, DISCUSSION OF YOUR MODIFYING TELEGRAM IS NOT NECESSARY.