B-132399, APR. 23, 1958
Highlights
TO THE SECRETARY OF THE INTERIOR: REFERENCE IS MADE TO LETTERS OF DECEMBER 30. IT WAS CONCLUDED. WE HAVE CONCLUDED THAT THE QUESTION AS TO THE NEED OF EQUIPMENT AND THE TYPE THEREOF IS A MATTER FOR YOUR DETERMINATION AND WE DO NOT CONTEMPLATE TAKING ANY FURTHER ACTION IN THE MATTER. IS MOOT AS REGARDS THE INSTANT CASE. IT WAS REQUESTED IN THE LETTER OF DECEMBER 30. WE ARE IN GENERAL AGREEMENT WITH THE VIEWS EXPRESSED IN THE LETTER OF OCTOBER 29 WITH RESPECT TO A GENERAL DECLARATORY COMPLIANCE STATEMENT IN A PROCUREMENT COVERING THE TYPE OF EQUIPMENT INVOLVED. WHILE IT WAS HELD IN THE DECISION THAT UNDER THE TERMS OF THE INVITATION. TOBE DEUTSCHMANN CORPORATION WAS NOT RESTRICTED TO THE DATE SUBMITTED WITH ITS BID.
B-132399, APR. 23, 1958
TO THE SECRETARY OF THE INTERIOR:
REFERENCE IS MADE TO LETTERS OF DECEMBER 30, 1957, AND MARCH 20, 1958, FROM THE ADMINISTRATIVE ASSISTANT SECRETARY CONCERNING INVITATION FOR BIDS NO. 8359 ISSUED BY THE BONNEVILLE POWER ADMINISTRATION FOR SERIES CAPACITOR EQUIPMENT.
IN THE ABOVE LETTERS YOUR OFFICE REPORTED THAT CHANGED REQUIREMENTS ENABLE THE GOVERNMENT TO SERVE THE OLYMPIA-PUGET SOUND AREA FOR A NUMBER OF YEARS WITHOUT ADDING CAPACITOR EQUIPMENT TO THE INVOLVED LINE. IT WAS CONCLUDED, THEREFORE, THAT INVITATION NO. 8359 FOR SUCH EQUIPMENT SHOULD BE CANCELLED. WE HAVE CONCLUDED THAT THE QUESTION AS TO THE NEED OF EQUIPMENT AND THE TYPE THEREOF IS A MATTER FOR YOUR DETERMINATION AND WE DO NOT CONTEMPLATE TAKING ANY FURTHER ACTION IN THE MATTER.
ALTHOUGH THE ISSUE OF THE GENERAL DECLARATORY COMPLIANCE STATEMENT DISCUSSED BY THE ADMINISTRATIVE ASSISTANT SECRETARY IN LETTER OF OCTOBER 29, 1957, IS MOOT AS REGARDS THE INSTANT CASE, IT WAS REQUESTED IN THE LETTER OF DECEMBER 30, THAT THE MATTER BE CLARIFIED FOR THE GUIDANCE OF THE DEPARTMENT IN FUTURE PROCUREMENTS. WE ARE IN GENERAL AGREEMENT WITH THE VIEWS EXPRESSED IN THE LETTER OF OCTOBER 29 WITH RESPECT TO A GENERAL DECLARATORY COMPLIANCE STATEMENT IN A PROCUREMENT COVERING THE TYPE OF EQUIPMENT INVOLVED, AND SO EXPRESSED OURSELVES IN THE DECISION OF AUGUST 28, 1957, B-132399. WHILE IT WAS HELD IN THE DECISION THAT UNDER THE TERMS OF THE INVITATION, TOBE DEUTSCHMANN CORPORATION WAS NOT RESTRICTED TO THE DATE SUBMITTED WITH ITS BID, IT WAS STATED THAT THE BIDDER WAS REQUIRED TO ESTABLISH, PRIOR TO AWARD, THAT HE WAS CAPABLE OF DESIGNING, MANUFACTURING AND INSTALLING EQUIPMENT MEETING THE REQUIREMENTS OF THE SPECIFICATIONS. UNDER THE TERMS OF THE INVITATION, THE GOVERNMENT HAD NO RESPONSIBILITY OR RIGHT TO ADVISE THE BIDDER EXACTLY HOW THE EQUIPMENT WAS TO BE DESIGNED OR MANUFACTURED, FOR THEN THE GOVERNMENT WOULD HAVE BEEN PLACED IN THE POSITION OF ACCEPTING THE RESPONSIBILITY SHOULD THE EQUIPMENT, SO DESIGNED AND MANUFACTURED, FAIL TO PROPERLY FUNCTION. RATHER IT WAS THE RESPONSIBILITY OF THE BIDDER TO DEMONSTRATE, PRIOR TO AWARD, THAT HE HAD THE ABILITY TO FURNISH EQUIPMENT MEETING THE SPECIFICATIONS WITHIN THE TIME PROVIDED.