B-142492, JUL. 26, 1960

B-142492, JUL. 26, 1960

TO THE L. J. VAN SICKLE COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 13, 1960, RELATIVE TO YOUR PROTEST AGAINST THE REJECTION OF YOUR BID UNDER INVITATION FOR BIDS NO. IDF-X-ORD-01-021-60-10241 ISSUED FEBRUARY 8, 1960, BY THE U.S. ARMY ORDNANCE MISSILE COMMAND, REDSTONE ARSENAL, ALABAMA. YOU REQUEST RECONSIDERATION OF OUR DECISION OF JUNE 7, 1960, WHEREIN WE FOUND NO LEGAL BASIS FOR QUESTIONING THE AWARDS AS MADE.

PERTINENT FACTS ARE SET OUT IN THE DECISION OF JUNE 7, 1960, AND NEED NOT BE REPEATED HERE. THE INVITATION REQUESTED DELIVERY OF A STATED PORTION OF THE TUBE ASSEMBLIES WITHIN 120 DAYS AFTER AWARD, ANOTHER PORTION WITHIN 150 DAYS AFTER AWARD, AND THE FINAL PORTION WITHIN 180 DAYS AFTER AWARD. THE INVITATION PROVIDED:

"IN THE ABSENCE OF A DEFINITE STATEMENT BY THE BIDDER OF THE TIME REQUIRED FOR DELIVERY, IT IS UNDERSTOOD AND AGREED THAT BIDDER PROMISES TO COMPLY WITH REQUIRED DELIVERY SCHEDULE.'

AS STATED IN YOUR LETTERS OF APRIL 1 AND JUNE 13, 1960, YOU TYPED ON YOUR BID THE STATEMENT ,COMPLETE EARLIER THAN 150 DAYS AFTER AWARD OF CONTRACT.' HAVING REGARD FOR THAT STATEMENT, IT SEEMS CLEAR THAT IF AWARD HAD BEEN MADE TO YOU, YOU WOULD NOT HAVE BEEN OBLIGATED TO DELIVER ANY OF THE TUBE ASSEMBLIES IN LESS THAN 149 DAYS. ANY REQUEST BY THE CONTRACTING OFFICER FOR VERIFICATION OR EXPLANATION OF YOUR BID WOULD HAVE AFFORDED YOU THE OPPORTUNITY TO CHOOSE, AFTER THE BID OPENING, WHETHER YOU WOULD ACCEPT AWARD REQUIRING DELIVERY OF A PORTION OF THE TUBE ASSEMBLIES WITHIN 120 DAYS AFTER AWARD. IF YOU HAD NOT INSERTED IN YOUR BID ANY STATEMENT AS TO THE TIME OF DELIVERY, YOU WOULD HAVE BEEN OBLIGATED TO MAKE DELIVERIES AS SPECIFIED IN THE INVITATION. IF YOUR INTENTION WAS THAT ALL DELIVERIES WOULD BE MADE WITHIN THE VARIOUS TIMES SPECIFIED IN THE INVITATION, OR EARLIER, SUCH INTENTION SHOULD HAVE BEEN STATED CLEARLY. AS STATED, IN SUBSTANCE, IN OUR DECISION OF JUNE 7, 1960, IT WOULD NOT HAVE BEEN PROPER TO PERMIT AMENDMENT OF YOUR BID AFTER THE BID OPENING, SINCE SUCH AMENDMENT WOULD HAVE CHANGED YOUR BID MATERIALLY.

FOR THE REASONS ABOVE SET FORTH, IT IS CONCLUDED UPON RECONSIDERATION THAT THE DECISION OF JUNE 7, 1960, DECLINING TO OFFER OBJECTION TO THE AWARDS AS MADE, IS CORRECT AND HEREBY IS AFFIRMED.

THERE ARE NOTED THE STATEMENTS IN YOUR LETTERS THAT THE ADDITIONAL COST TO THE GOVERNMENT RESULTING FROM THE REJECTION OF YOUR BID IS APPROXIMATELY $1,700. THE TOTAL AMOUNT OF YOUR BID WAS $5,314.35 ($2,259.98, $1,173 AND $1,908.08 ON ITEMS NOS. 1-E5, 2-E5 AND 3-E5 RESPECTIVELY, LESS DISCOUNT). THE TOTAL AMOUNT OF THE AWARDS AS MADE WAS $5,613.78 ($2,306.90, $1,345.04 AND $1,978.46 ON ITEMS NOS. 1-E5, 2-E5 AND 3-E5 RESPECTIVELY, LESS DISCOUNT). THEREFORE, THE AMOUNT OF THE AWARDS EXCEEDS THE AMOUNT OF YOUR BID BY $299.43 ($5,613.78 LESS $5,314.35/--- NOT $1,700.