B-152428, FEB. 27, 1964

B-152428, FEB. 27, 1964

TO ALCO PRODUCTS, INCORPORATED:

YOUR PROTEST AGAINST AWARD TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS NO. ENG-/NASA/-01-076-64-13 ISSUED BY ARMY CORPS OF ENGINEERS, MOBILE DISTRICT, FOR HIGH PRESSURE INDUSTRIAL WATER PUMPS, CONTAINED IN YOUR LETTERS OF SEPTEMBER 12 AND DECEMBER 6, 1963, TO THE ARMY, WAS FORWARDED TO THIS OFFICE BY THE DEPARTMENT OF THE ARMY ON JANUARY 8, 1964.

THE RECORD SHOWS THAT INVITATION FOR BIDS NO. ENG-/NASA/-01-076-64 13 WAS A READVERTISEMENT OF A CANCELLED INVITATION (IFB NO. ENG-/NASA/ 01-076-64- 1). BIDS UNDER THE READVERTISED INVITATION WERE OPENED ON SEPTEMBER 10, 1963, AND SIX BIDS WERE RECEIVED. THE THREE LOWEST BIDS WERE EVALUATED IN TOTAL AS FOLLOWS:

CHART

NORDBERG MANUFACTURING CO. $7,825,000.00

FAIRBANKS, MORSE AND COMPANY 7,840,433.00

ALCO PRODUCTS, INC. 7,879,581.51

IT IS REPORTED THAT ON DECEMBER 24, 1963, BASED ON AN URGENT NEED FOR THE ITEMS, IT WAS CONSIDERED NECESSARY TO MAKE THE AWARD TO THE LOW BIDDER, NORDBERG MANUFACTURING CO.

YOU CONTENDED TO THE ARMY THAT NORDBERG HAD FAILED TO SUBMIT THE NECESSARY DRAWINGS AND DATA TO ESTABLISH THAT ITS BID WAS RESPONSIVE. SPECIFICALLY, YOU CONTENDED THAT WHILE THE NORDBERG BID DRAWINGS SHOWED A STANDARD DELAVAL U36/24AD PUMP WITH STANDARD 36 INCH SUCTION AND 24 INCH DISCHARGE NOZZLES, THE DRAWINGS DID NOT SHOW EITHER CAST-IN NOZZLE CONNECTIONS OR SEPARATE EXTENSION REDUCERS IN ACCORDANCE WITH THE SPECIFICATIONS. YOU STATED AS FOLLOWS:

"SUPPLY OF INTEGRALLY CAST-IN NOZZLES WOULD DEFINITELY HAVE CHANGED THE "ENCLOSING BOX DIMENSIONS" OF THE ASSEMBLED UNIT. WE ARE AWARE THE MOBILE DISTRICT'S INTERPRETATION THAT NORDBERG'S ENCLOSING BOX DIMENSIONS NEED NOT INCLUDE ANY PROVISIONS FOR SEPARATE EXTENSION REDUCERS SINCE THEY WILL BE CONSIDERED A PART OF STATION PIPING. WE RESPECTFULLY CONTEND, HOWEVER, THAT THIS INTERPRETATION IS NOT APPROPRIATE IN LIGHT OF PARAGRAPH 18 (1) (C) WHICH READS IN PART AS FOLLOWS: "ENCLOSING BOX--- LIST THE APPROPRIATE DIMENSIONS OF THE RECTANGULAR PARALLELEPIPED WHOSE WALLS WILL JUST TOUCH THE OUTERMOST PROJECTION OF ANY PART OR ACCESSORY OF ANY ONE OF THE PROPOSED UNITS WHEN COMPLETELY ASSEMBLED IN OPERATING CONDITION WITH ALL OF ITS ACCESSORIES CONNECTED. SUBMIT WITH BID A DRAWING SHOWING PLAN AND ELEVATION OF THE COMPLETELY ASSEMBLED UNIT AND ITS ACCESSORIES AND THE DOTTED OUTLINE OF THE ENCLOSING BOX.'

"THE BASIS OF MOBILE DISTRICT'S INTERPRETATION WOULD APPEAR TO BE BASED UPON THE THEORY THAT THE EXTENSION REDUCERS ARE NOT A "PART OR ACCESSORY OF ANYONE OF THE PROPOSED UNITS.' THIS INTERPRETATION APPEARS TO BE CLEARLY INCONSISTENT WITH SECTION 5--- PUMP; WATER, CENTRIFUGAL, HORIZONTAL--- PARAGRAPH 5-01, WHICH READS: "SCOPE--- THIS SECTION COVERS HORIZONTAL, CENTRIFUGAL WATER PUMPS SUITABLE FOR HIGH PRESSURE INDUSTRIAL WATER SERVICE COMPLETE," AND PARAGRAPH 5-05A READING IN PART: "PUMPS SHALL BE EQUIPPED WITH FLANGED SUCTION AND DISCHARGE NOZZLES .......;, ,PUMP DISCHARGE AND SUCTION CONNECTION SIZES SHALL BE IN ACCORDANCE WITH THE FOLLOWING TABULATION. THE CONNECTIONS MAY BE EITHER CAST INTEGRALLY WITH THE PUMPS OR APPROVED EXTENSION REDUCERS.' OBVIOUSLY THE SPECIFICATION REQUIRES THAT THE PUMP BE COMPLETE WITH SUCTION AND DISCHARGE NOZZLES INCLUDING THE CONNECTION SIZES AS SPECIFIED. UNDER THIS INTERPRETATION WHICH WE FEEL IS PROPER, THERE CAN BE NO QUESTION THAT THE ENCLOSING BOX DIMENSIONS OF THE NORDBERG UNIT WOULD BE CONSIDERABLY INCREASED (POSSIBLY BY AS MUCH AS THREE FEET IN WIDTH) WITH RESULTANT HIGHER EVALUATION OF THE NORDBERG BID--- NOT TO MENTION A PRESUMABLE INCREASE IN THE NORDBERG PRICE. THE MOBILE DISTRICT'S INTERPRETATION PERMITS THE NORDBERG BID TO BE EVALUATED AT A LOWER LEVEL THAN THE CORRESPONDING EVALUATION OF ALCO'S RESPONSIVE BID. IT ALSO HAS THE EFFECT OF PERMITTING NORDBERG TO SUPPLY ON A NO-CHARGE BASIS A PART CLEARLY NOT CONTEMPLATED WITHIN NORDBERG'S OFFER.'

IN HIS REPLY TO YOUR PROTEST, THE CONTRACTING OFFICER POINTS OUT THAT WHETHER INTEGRALLY CAST-IN NOZZLES MAY OR MAY NOT HAVE REQUIRED A LARGER ENCLOSING BOX WAS NOT PERTINENT, SINCE NORDBERG ELECTED TO FURNISH REDUCERS, WHICH ARE PLANT PIPING AND THUS WERE NOT REQUIRED TO BE INCLUDED IN THE RECTANGULAR PARALLELEPIPED.

THE PERTINENT SECTION OF THE SPECIFICATION (PARAGRAPH 5-05 (A), PAGE 5-4) STATED AS FOLLOWS:

"PUMP DISCHARGE AND SUCTION CONNECTION SIZES SHALL BE IN ACCORDANCE WITH THE FOLLOWING TABULATIONS. THE CONNECTIONS MAY BE EITHER CAST INTEGRALLY WITH THE PUMP OR APPROVED EXTENSION REDUCERS.' WE DO NOT READ THE PROVISION TO MEAN THAT APPROVED EXTENSION REDUCERS ARE A PART OR ACCESSORY OF THE PUMP UNIT. RATHER, IT APPEARS TO US THAT EXTENSION REDUCERS ARE NOT AN INTEGRAL PART OF THE PUMP.

YOU FURTHER CONTENDED THAT NORDBERG'S ARRANGEMENT DRAWING DID NOT SHOW PROVISIONS FOR OPPOSITE ROTATION, AS REQUIRED UNDER PARAGRAPH 5-05 (K) OF THE SPECIFICATION. (THE PARAGRAPH STATED THAT ,FOR A STATION WITH 12 OR MORE UNITS, ALTERNATE PUMP AND DRIVER UNITS SHALL ROTATE IN OPPOSITE DIRECTION.'' YOU ALSO CONCLUDED FROM NORDBERG'S DRAWING THAT AN ARRANGEMENT FOR OPPOSITE ROTATION COULD NECESSITATE A WIDER ENCLOSING BOX DIMENSION THAN THE BOX INDICATED IN THE NORDBERG DRAWINGS. HOWEVER, AS THE CONTRACTING OFFICER REPORTS, THERE WAS NO REQUIREMENT IN THE SPECIFICATION THAT THE BIDDER HAD TO SPECIFICALLY SHOW PROVISIONS FOR OPPOSITE ROTATION IN HIS DRAWINGS OR THAT HE HAD TO STATE THAT THE OPPOSITE ROTATING MACHINERY WOULD FIT IN THE SAME ENCLOSING BOX. IT WAS ASSUMED, IN THE ABSENCE OF A NOTATION TO THE CONTRARY, THAT NORDBERG'S BID CONFORMED TO PARAGRAPH 5-05 (K) REQUIREMENT.

FINALLY, YOU CONTENDED AS FOLLOWS:

"C. WE BELIEVE THE COMMENTS IN OUR LETTER OF SEPTEMBER 12, 1963 (PAGES 2 AND 3), WITH REGARD TO OPERATING EXPERIENCE SPECIFIED IN PARAGRAPH 6 (C), PAGE 16, AND PARAGRAPH 2-04, PAGE 2-8 ARE SELF EXPLANATORY. WE CONFIRM OUR FURTHER ADVICE THAT WE NOW UNDERSTAND THAT THE NORDBERG ENGINES IDENTIFIED IN THEIR BID AS BEING THOSE WHICH DEMONSTRATE THE REQUIRED OPERATIONAL EXPERIENCE WERE QUOTED AND SOLD BY NORDBERG TO THE PHELPS- DODGE CORPORATION AS HAVING A SEA LEVEL RATING AT 90 DEGREES F OF 4287 BHP, AND A SITE RATING OF 3925 BHP AT 5280 FEET ELEVATION AT AN AMBIENT OF 110 DEGREES F. IT IS OUR FURTHER UNDERSTANDING THAT THE FACTORY TEST AT MILWAUKEE, WISCONSIN--- ALTITUDE 600 FEET--- WAS CONDUCTED AT 4287 BHP IN ORDER TO DEMONSTRATE ABILITY TO PRODUCE 3925 BHP AT THE SITE. IF OUR INFORMATION IS CORRECT, THEN IT CERTAINLY WOULD TEND TO CONFIRM THE INFORMATION PREVIOUSLY SUPPLIED IN OUR LETTER OF SEPTEMBER 12. WE BELIEVE THAT IT IS INCUMBENT UPON THE MOBILE DISTRICT OF THE U.S. ARMY CORPS OF ENGINEERS, AS THE COGNIZANT OFFICE IN CHARGE OF PROCUREMENT, TO SEEK VERIFICATION OF THIS INFORMATION AND, IF OUR INFORMATION IS CORRECT, THEN AN EXPLANATION GIVEN TO THE OTHER BIDDERS AS TO THE REASONING BY WHICH THIS DATA IS MADE CONSISTENT WITH THE CLAIMED EQUIVALENT SEA LEVEL RATING OF THE PHELPS-DODGE ENGINES AT THE LEVEL OF 4682 BHP. AS STATED PREVIOUSLY, WE FEEL THE CLAIMED 4682 BHP IS IN ERROR.

"FURTHER, UNLESS WE ARE MISTAKEN, NORDBERG, IN THEIR OFFER UNDER PREVIOUS IFB NO. ENG/NASA/-01-076-64-1, MADE REFERENCE TO THE SAME PHELPS-DODGE INSTALLATION AND AT THAT TIME CONTENDED THAT EQUIVALENT SEA LEVEL RATING OF THIS SAME ENGINE WAS 4450 BHP. IF OUR INFORMATION IS CORRECT, THEN, CERTAINLY, ONE OR THE OTHER OF NORDBERG'S OPERATING EXPERIENCE QUALIFICATION DATA SUBMITTED AGAINST THESE TWO INVITATIONS MUST BE IN ERROR.'

IN OUR DECISION OF DECEMBER 10, 1963, B-152428, TO THE ATTORNEY IN BEHALF OF FAIRBANKS, MORSE AND COMPANY, WE CONSIDERED GENERALLY THE CONTENTION AGAINST NORDBERG'S BID WHICH YOU ADVANCED (OPERATING EXPERIENCE), AND WE CONCLUDED THAT THE NORDBERG BID WAS RESPONSIVE TO THE EXPERIENCE REQUIREMENTS OF THE SPECIFICATION. A COPY OF THIS DECISION IS ENCLOSED.

WITH REGARD TO YOUR UNDERSTANDING THAT THE FACTORY TEST AT MILWAUKEE, WISCONSIN--- ALTITUDE 600 FEET--- WAS CONDUCTED AT 4287 BHP IN ORDER TO DEMONSTRATE ABILITY TO PRODUCE 3925 BHP AT THE PHELPS DODGE SITE, THE CONTRACTING OFFICER REPORTS THAT ACCORDING TO NORDBERG, THE 4287 BHP WAS NOT CORRECT; THAT THE PHELPS-DODGE ENGINE CARRIED NO SPECIFIED SEA LEVEL RATING; AND THAT THE ENGINE WAS TESTED IN ACCORDANCE WITH A TEST PROGRAM WORKED OUT WITH PHELPS-DODGE. ALSO, REGARDING NORDBERG'S SEA LEVEL RATING OF THE SAME ENGINE UNDER THE FIRST INVITATION--- WHICH YOU INDICATED WAS SUBMITTED AT 4450 BHP--- THE CONTRACTING OFFICER REPORTS THAT THE NORDBERG SITE RATING WAS OFFERED AT 4670 BHP.

WE FIND NO BASIS TO QUESTION THE AWARD MADE TO NORDBERG, THE LOW BIDDER. IN VIEW THEREOF, THERE IS NO NEED TO CONSIDER THE PORTION OF YOUR PROTEST RELATIVE TO THE RESPONSIVENESS OF YOUR BID OR THE FAIRBANKS' BID. ACCORDINGLY, YOUR PROTEST IS DENIED.