Skip to main content

B-180064, MAY 10, 1974

B-180064 May 10, 1974
Jump To:
Skip to Highlights

Highlights

ALTHOUGH NATIONAL CAPITAL PARKS PROCUREMENT OFFICE PROPOSES TO CANCEL IFB FOR PARK POLICE UNIFORMS CONTAINING REQUIREMENT THAT BIDDERS ATTACH TO BID COPY OF MARINE CORPS APPROVAL OF MANUFACTURE AND READVERTISE BECAUSE PROVISION IS VIEWED AS UNNECESSARY. IT IS RECOMMENDED THAT AWARD BE MADE TO HIGH BIDDER CONFORMING TO IFB. SINCE REQUIREMENT HAD NO ADVERSE EFFECT ON COMPETITION AND OTHER TWO BIDDERS WERE OTHERWISE NONRESPONSIVE TO IFB. INC.: THREE BIDS WERE RECEIVED IN RESPONSE TO INVITATION FOR BIDS (IFB) NO. TWO WERE FOUND TO BE NONRESPONSIVE BECAUSE OF QUALIFICATIONS TAKEN TO THE REQUIRED DELIVERY SCHEDULES. WAS RESPONSIVE. THE SPECIFICATIONS ARE TO BE REVISED BY DELETING THE FOLLOWING PROVISION FOUND IN THE SPECIAL PROVISIONS OF THE INVITATION: "SINCE IT IS THE DESIRE OF THE U.S.

View Decision

B-180064, MAY 10, 1974

ALTHOUGH NATIONAL CAPITAL PARKS PROCUREMENT OFFICE PROPOSES TO CANCEL IFB FOR PARK POLICE UNIFORMS CONTAINING REQUIREMENT THAT BIDDERS ATTACH TO BID COPY OF MARINE CORPS APPROVAL OF MANUFACTURE AND READVERTISE BECAUSE PROVISION IS VIEWED AS UNNECESSARY, IT IS RECOMMENDED THAT AWARD BE MADE TO HIGH BIDDER CONFORMING TO IFB, SINCE REQUIREMENT HAD NO ADVERSE EFFECT ON COMPETITION AND OTHER TWO BIDDERS WERE OTHERWISE NONRESPONSIVE TO IFB.

TO S. ABRAHAMS & CO., INC.:

THREE BIDS WERE RECEIVED IN RESPONSE TO INVITATION FOR BIDS (IFB) NO. INV -3000-4-0035, ISSUED BY THE NATIONAL CAPITAL PARKS PROCUREMENT OFFICE FOR UNITED STATES PARK POLICE SUMMER AND WINTER UNIFORMS. OF THESE BIDS, TWO WERE FOUND TO BE NONRESPONSIVE BECAUSE OF QUALIFICATIONS TAKEN TO THE REQUIRED DELIVERY SCHEDULES. THE HIGH BID SUBMITTED BY S. ABRAHAMS & CO., INC. (ABRAHAMS), WAS RESPONSIVE.

THE PROCUREMENT ACTIVITY PROPOSES TO CANCEL THE INVITATION AND PROCURE THE UNIFORMS UNDER REVISED SPECIFICATIONS. THE SPECIFICATIONS ARE TO BE REVISED BY DELETING THE FOLLOWING PROVISION FOUND IN THE SPECIAL PROVISIONS OF THE INVITATION:

"SINCE IT IS THE DESIRE OF THE U.S. PARK POLICE TO ACQUIRE UNIFORM GARMENTS MADE IN GENERAL ACCORDANCE WITH THE EXACT SPECIFICATIONS OF THE U.S. MARINE CORPS, EACH BIDDER IS REQUIRED TO ATTACH TO HIS BID A PHOTOSTATIC OR CERTIFIED COPY OF A CURRENT MARINE CORPS FACTORY APPROVAL, ESTABLISHING THE APPROVAL OF THE U.S. MARINE CORPS UNIFORM BOARD BY SERIAL NUMBERS ASSIGNED TO THE MANUFACTURER.

"FAILURE TO ENCLOSE COPY OF CERTIFICATE OF MARINE CORPS APPROVAL OF MANUFACTURE, OR FAILURE TO SUBMIT SATISFACTORY SAMPLE GARMENTS AND SAMPLES AS LATER REQUIRED HEREIN, SHALL BE CAUSE FOR DISQUALIFICATION TO RECEIVE THE CONTRACT."

IT IS ADMINISTRATIVELY BELIEVED THAT SUCH DELETION IS NECESSARY BECAUSE THE PROVISION IS RESTRICTIVE, INASMUCH AS INSUFFICIENT TIME WAS ALLOWED FOR BIDDERS TO OBTAIN THE REQUIRED APPROVAL BEFORE BID OPENING, AND BECAUSE THE SPECIFICATIONS AS ADVERTISED ARE ADEQUATE WITHOUT THE MARINE CORPS APPROVAL REQUIREMENT.

ABRAHAMS CONTESTS THE VALIDITY OF THIS REASONING, NOTING THAT THE PROVISION IS NOT RESTRICTIVE BUT ASSURES THE PROCUREMENT OF QUALITY UNIFORMS. IT IS FURTHER NOTED THAT MARINE CORPS APPROVAL IS AVAILABLE TO ANY AND ALL UNIFORM MANUFACTURERS WHO WISH TO TAKE THE TIME AND EFFORT TO ASSURE THE MARINE CORPS THAT THEY CAN PRODUCE A QUALITY UNIFORM.

WHILE WE RECOGNIZE THAT THE CONTRACTING OFFICER IS AFFORDED BROAD AUTHORITY TO REJECT ALL BIDS AND READVERTISE, AND ORDINARILY WE WILL NOT QUESTION SUCH ACTION, WE DO NOT BELIEVE THAT CANCELLATION IN THIS INSTANCE WOULD BE CONSONANT WITH THE PROVISIONS OF PARAGRAPH 1-2.404-1 OF THE FEDERAL PROCUREMENT REGULATIONS. THAT PARAGRAPH PROVIDES, IN PART, THAT:

"(A) PRESERVATION OF THE INTEGRITY OF THE COMPETITIVE BID SYSTEM DICTATES THAT, AFTER BIDS HAVE BEEN OPENED, AWARD MUST BE MADE TO THAT RESPONSIBLE BIDDER WHO SUBMITTED THE LOWEST RESPONSIVE BID, UNLESS THERE IS A COMPELLING REASON TO REJECT ALL BIDS AND CANCEL THE INVITATION."

FIRST, AS REGARDS THE PROPOSED DELETION OF THE REQUIREMENT FOR MARINE CORPS APPROVAL, WE BELIEVE THAT IT WOULD BE INAPPROPRIATE TO TERM SUCH AN ACTION AS A REVISION TO SPECIFICATIONS. DELETION OF THE REQUIREMENT WOULD NOT CHANGE THE SPECIFICATIONS, BUT WOULD ONLY DELETE A PREAWARD REQUIREMENT FOR APPROVAL BY THE MARINE CORPS OF THE PROPOSED UNIFORMS. SECOND, INASMUCH AS UNDER THE PRESENT CIRCUMSTANCES WE CAN FIND NO REASONABLE BASIS FOR CONCLUDING THAT THE REQUIREMENT HAD AN ADVERSE EFFECT ON COMPETITION AND SINCE THE TWO BIDS DETERMINED TO BE NONRESPONSIVE ARE STILL NONRESPONSIVE NOTWITHSTANDING THE INCLUSION OR EXCLUSION OF THE APPROVAL REQUIREMENT, WE RECOMMEND THAT THE BIDDER COMPLYING WITH ALL TERMS AND CONDITIONS OF IFB NO. INV-3000-4-0035 BE CONSIDERED FOR AWARD.

GAO Contacts

Office of Public Affairs