B-140505, DEC. 28, 1959

B-140505, DEC. 28, 1959

TO STEPTOE AND JOHNSON, ESQUIRES:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1959, WHEREIN YOU INDICATE YOUR DISAGREEMENT WITH OUR DECISION OF THAT DAY IN WHICH WE DENIED THE PROTEST OF THE REDMANSON CORPORATION AGAINST THE AWARD OF A CONTRACT TO THE LOW BIDDER ON MOBILE AIR MATERIAL AREA IFB NO. 01-601 59- 1113 (PRIME CLASS), DATED MARCH 27, 1959.

YOUR REQUEST FOR RECONSIDERATION IS BASED UPON YOUR VIEW THAT OUR DECISION WAS ERRONEOUS ON TWO POINTS, NAMELY, THAT BIDDERS MIGHT SUPPLY THE REQUIRED PROOF AFTER OPENING AND PRIOR TO AWARD, AND THAT PARAGRAPH 6.4 OF THE MILITARY SPECIFICATIONS REQUIRED ONLY THAT EVIDENCE OF UNDERWRITERS' LABORATORIES STANDARDS BE FURNISHED AT THE TIME THE ITEMS ARE DELIVERED.

IN OUR DECISION OF DECEMBER 8, 1959, FULL CONSIDERATION WAS GIVEN TO THE TERMS OF THE INVITATION FOR BIDS, INCLUDING THE REFERENCED SPECIFICATIONS, AS WELL AS THE SEVERAL MATTERS SET FORTH IN YOUR LETTER OF AUGUST 17, 1959, AND WE EXPRESSED THE VIEW THAT ANY BID SUBMITTED IN RESPONSE THERETO, WHEN ACCEPTED, OBLIGATED THE CONTRACTOR TO FURNISH EQUIPMENT CONFORMING TO THE STANDARDS OF THE UNDERWRITERS' LABORATORIES WITH RESPECT TO FIRE AND CASUALTY HAZARDS. WE CONSIDER THIS PRIMARY OBLIGATION TO BE CONTROLLING OVER OTHER LANGUAGE IN THE SPECIFICATIONS. UPON THIS BASIS, AND IN THE ABSENCE OF LANGUAGE CLEARLY AND UNEQUIVOCALLY REQUIRING THE SUBMISSION OF PROOF OF COMPLIANCE WITH SUCH STANDARDS PRIOR TO BID OPENING, WE CANNOT SAY THAT FAILURE TO DO SO RENDERS A BID FATALLY DEFECTIVE.

WE HAVE RECONSIDERED OUR DECISION IN THE LIGHT OF THE STATEMENTS CONTAINED IN YOUR LETTER BUT WE FIND INSUFFICIENT BASIS FOR CHANGING OUR POSITION IN THIS MATTER. ACCORDINGLY, THE DECISION OF DECEMBER 8, 1959, IS ADHERED TO. ..END :