B-134382, APR. 9, 1958
Highlights
INC.: REFERENCE IS MADE TO YOUR LETTER OF MARCH 21. DISALLOWING YOUR CLAIM FOR $55.20 ALLEGED TO BE DUE BY REASON OF AN ERROR SAID TO HAVE BEEN MADE IN YOUR BID UPON WHICH PURCHASE ORDER NO. 57D-9910-2WAS BASED. THE CIRCUMSTANCES UNDER WHICH YOU FURNISHED OUTSIDE MICROMETER CALIPERS TO THE GOVERNMENT UNDER THE CITED PURCHASE ORDER WERE FULLY DISCUSSED IN OUR DECISION OF DECEMBER 2. RATHER THERE ARE FOR APPLICATION THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 4 OF THE "ADDITIONAL PROVISIONS" OF THE INVITATION. PARAGRAPH 2 (WHICH IS SUBSTANTIALLY EQUIVALENT TO ARTICLE 2/B) OF GSA FORM 1424). THE INSERTION WAS UNDERSTOOD TO MEAN THAT THE CALIPERS OFFERED WOULD FULLY COMPLY WITH THE SPECIFICATION REQUIREMENTS.
B-134382, APR. 9, 1958
TO LUMBER DEALERS, INC.:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 21, 1958, WITH ENCLOSURE, REQUESTING RECONSIDERATION OF OUR DECISION DATED DECEMBER 2, 1957, WHICH SUSTAINED OFFICE SETTLEMENT OF OCTOBER 21, 1957, DISALLOWING YOUR CLAIM FOR $55.20 ALLEGED TO BE DUE BY REASON OF AN ERROR SAID TO HAVE BEEN MADE IN YOUR BID UPON WHICH PURCHASE ORDER NO. 57D-9910-2WAS BASED.
THE CIRCUMSTANCES UNDER WHICH YOU FURNISHED OUTSIDE MICROMETER CALIPERS TO THE GOVERNMENT UNDER THE CITED PURCHASE ORDER WERE FULLY DISCUSSED IN OUR DECISION OF DECEMBER 2, 1957, AND NEED NOT BE REPEATED HERE.
YOU REQUEST CLARIFICATION OF ARTICLE 2/A) (2) OF THE SUPPLEMENTAL PROVISIONS, GSA FORM 1424, REGARDING "GOVERNMENT-SPECIFIED BRAND NAMES.' HOWEVER, THAT PARTICULAR PROVISION HAS NO APPLICATION IN YOUR CASE SINCE THE GOVERNMENT DID NOT SPECIFY BRAND NAMES OR EQUAL IN THE INVITATION FOR BIDS, BUT REQUESTED BIDS FOR THE FURNISHING OF CALIPERS IN ACCORDANCE WITH FEDERAL SPECIFICATION GGG-C-105. RATHER THERE ARE FOR APPLICATION THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 4 OF THE "ADDITIONAL PROVISIONS" OF THE INVITATION, SINCE, AS PART OF YOUR BID, YOU INSERTED THE NAME OF YOUR SUPPLIER AND THE NUMBER OF THE CALIPER YOU PROPOSED TO FURNISH. THAT BEING THE CASE, UNDER ARTICLE 4, PARAGRAPH 2 (WHICH IS SUBSTANTIALLY EQUIVALENT TO ARTICLE 2/B) OF GSA FORM 1424), THE INSERTION WAS UNDERSTOOD TO MEAN THAT THE CALIPERS OFFERED WOULD FULLY COMPLY WITH THE SPECIFICATION REQUIREMENTS. HENCE, THE FACT THAT YOU DID NOT SPECIFICALLY OFFER CALIPERS WITH WOODEN CASES IS NOT PERSUASIVE SINCE UNDER THE EXPRESS TERMS OF THE INVITATION YOUR OFFER WAS A DEFINITE UNDERTAKING TO FURNISH ARTICLES IN STRICT COMPLIANCE WITH THE SPECIFICATIONS.
THE APPLICABLE SPECIFICATION, WHICH WAS AVAILABLE TO YOU WITHOUT CHARGE AT THE DENVER GSA BUSINESS CENTER, REQUIRED IN PARAGRAPH 3.8 THAT WOODEN CASES SHALL BE FURNISHED,"UNLESS OTHERWISE SPECIFIED IN THE CONTRACT OR ORDER.' PARAGRAPH 3.8.2 OF THE SPECIFICATION FURTHER PROVIDED THAT IF INSTRUMENTS WITHOUT CASES ARE DESIRED, OR IF COMMERCIAL WOOD OR CARDBOARD BOXES WILL SUFFICE, PURCHASE DOCUMENTS WILL SO SPECIFY. THEREFORE, WE CONCLUDE THAT THE INVITATION AND PURCHASE ORDER, AS WRITTEN, REQUIRED THE FURNISHING OF THE CALIPERS IN WOODEN BOXES AS SET FORTH IN THE SPECIFICATION.
WHILE THE INVITATION PROVIDED THAT CALIPERS WERE REQUIRED TO BE FURNISHED WITH LOCK NUT AND RATCHET STOP BUT DID NOT MENTION WOODEN BOXES, THE DESCRIPTION IN THE INVITATION COULD NOT POSSIBLY REFER TO ALL REQUIREMENTS OF THE SPECIFICATION WHICH IS 18 PAGES IN LENGTH. THE INVITATION DESCRIPTION APPEARS MORE THAN SUFFICIENT TO PLACE ABIDDER ON NOTICE THAT REFERENCE TO THE SPECIFICATION WAS ESSENTIAL IN ORDER TO DETERMINE WHETHER THE OFFERED PRODUCT COMPLIED FULLY WITH THE REQUIREMENTS.
IN YOUR FOOTNOTE YOU REFER TO TWO FEDERAL SPECIFICATIONS APPLYING TO CALIPERS. HOWEVER, SPECIFICATION GGG-C-106 WAS SUPERSEDED BY FEDERAL SPECIFICATION GGG-C-105 DATED AUGUST 15, 1955, WHICH WAS APPLICABLE TO THE SUBJECT PURCHASE ORDER.