B-155022, SEP. 25, 1964
Highlights
ARE ENCLOSING A COPY OF OUR LETTER TO WORTHINGTON. IN CONNECTION WITH THIS INVITATION WE CALL TO YOUR ATTENTION THAT THE PROVISION FOR INCLUDING THE MANUFACTURERS OF THE SPEED REDUCERS APPEARS IN THE SECTION OF CLAUSE 7 WHICH WILL BE MADE A PART OF THE CONTRACT INSTRUMENT. WAS FOR THE PURPOSE OF DETERMINING THE RESPONSIBILITY OF BIDDERS. THE MANNER IN WHICH THE PROVISION FOR THE MANUFACTURERS AND DATA ON THE SPEED REDUCERS IS INCLUDED IN THIS INVITATION COULD INDICATE TO A BIDDER THAT THIS REQUIREMENT IS TO DETERMINE THE RESPONSIVENESS OF A BID. IT IS THE POSITION OF OUR OFFICE THAT NOTHING SHOULD BE REQUIRED BY AN INVITATION TO BE SUBMITTED AS PART OF THE BID UNLESS IT IS OF SUCH MATERIALITY THAT ITS OMISSION FROM A BID WILL RESULT IN REJECTION OF THE BID.
B-155022, SEP. 25, 1964
TO THE HONORABLE SECRETARY OF THE ARMY:
WE REFER TO A LETTER DATED AUGUST 21, 1964, ENGGC-C FROM HEADQUARTERS, DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF OF ENGINEERS, FORWARDING FOR OUR CONSIDERATION THE ACCEPTABILITY OF THE BID SUBMITTED BY BALDWIN-LIMA- HAMILTON UNDER INVITATION FOR BIDS NO. CIVENG 45-164-64-36. ON SEPTEMBER 9, 1964, WORTHINGTON CORPORATION, THE SECOND LOW BIDDER, FORMALLY PROTESTED TO OUR OFFICE THE AWARD OF A CONTRACT UNDER THIS INVITATION. ARE ENCLOSING A COPY OF OUR LETTER TO WORTHINGTON, DENYING THEIR PROTEST.
IN CONNECTION WITH THIS INVITATION WE CALL TO YOUR ATTENTION THAT THE PROVISION FOR INCLUDING THE MANUFACTURERS OF THE SPEED REDUCERS APPEARS IN THE SECTION OF CLAUSE 7 WHICH WILL BE MADE A PART OF THE CONTRACT INSTRUMENT. THE CORPS OF ENGINEERS HAS TAKEN THE POSITION IN THE REPORT OF OUR OFFICE, THAT THE LISTINGS OF THE PROPOSED MANUFACTURERS OF THE SPEED REDUCERS, TOGETHER WITH THE DATA PERTAINING TO THE SPEED REDUCERS, WAS FOR THE PURPOSE OF DETERMINING THE RESPONSIBILITY OF BIDDERS. HOWEVER, THE MANNER IN WHICH THE PROVISION FOR THE MANUFACTURERS AND DATA ON THE SPEED REDUCERS IS INCLUDED IN THIS INVITATION COULD INDICATE TO A BIDDER THAT THIS REQUIREMENT IS TO DETERMINE THE RESPONSIVENESS OF A BID. IT IS THE POSITION OF OUR OFFICE THAT NOTHING SHOULD BE REQUIRED BY AN INVITATION TO BE SUBMITTED AS PART OF THE BID UNLESS IT IS OF SUCH MATERIALITY THAT ITS OMISSION FROM A BID WILL RESULT IN REJECTION OF THE BID, REGARDLESS OF THE BIDDER'S WILLINGNESS TO SUPPLY THE DEFICIENCY AFTER BID OPENING. IT IS THEREFORE SUGGESTED THAT IN FUTURE INVITATIONS OF THIS NATURE, WHERE THE FURNISHING OF THE NAME AND DATA ON A PROPOSED MANUFACTURER OF AN ITEM IS NOT FOR THE PURPOSE OF DETERMINING RESPONSIVENESS, IT NOT BE INCLUDED IN THAT SECTION OF THE INVITATION WHICH PROVIDES THAT SUCH DATA SHALL BE MADE A PART OF THE CONTRACT INSTRUMENT.
WE ARE RETURNING THE ENCLOSURES SUBMITTED WITH THIS REPORT AS REQUESTED.