B-150523, MAY 27, 1963

B-150523: May 27, 1963

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TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO A LETTER DATED APRIL 15. WE ARE ENCLOSING A COPY OF OUR DECISION OF TODAY TO NORTHRIDGE RESEARCH INC. THAT THE INVITATION SHOULD HAVE ADVISED BIDDERS SPECIFICALLY THAT THEIR STATED SHIPPING WEIGHTS FOR ONE OR MORE UNITS WERE TO BE CONSIDERED AS GUARANTEED AND THAT THE SUCCESSFUL BIDDER WOULD BE LIABLE FOR A PORTION OF THE TRANSPORTATION COSTS IF THE ACTUAL SHIPPING WEIGHT EXCEEDED THE GUARANTEED SHIPPING WEIGHT. THERE IS NOT EVIDENCED A CLEAR INTENTION TO HOLD THE SUCCESSFUL BIDDER RESPONSIBLE FOR VARIATIONS BETWEEN THE ACTUAL AND THE STATED SHIPPING WEIGHTS EXCEPT IN REGARD TO THE REPRESENTATION MADE AT LINE "G" OF THE TRANSPORTATION DATA FORM WHERE A MINIMUM GROSS SHIPPING WEIGHT FOR PARTIAL DELIVERIES IS REQUIRED TO BE INSERTED.

B-150523, MAY 27, 1963

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO A LETTER DATED APRIL 15, 1963, FROM THE CHIEF, PROCUREMENT OPERATIONS DIVISION, DIRECTORATE, PROCUREMENT POLICY, DCS'S AND L, FURNISHING THE REPORT REQUESTED IN OUR LETTER TO YOUR OF JANUARY 2, 1963, ON THE PROTEST OF NORTHRIDGE RESEARCH IND., DAYTON, OHIO, AGAINST THE AWARD OF A CONTRACT TO KELL-STROM TOOL COMPANY, INC., WETHERSFIELD, CONNECTICUT, UNDER INVITATION FOR BIDS NO. 33-657-63-27, ISSUED AT THE WRIGHT-PATTERSON AIR FORCE BASE.

WE ARE ENCLOSING A COPY OF OUR DECISION OF TODAY TO NORTHRIDGE RESEARCH INC., DENYING THE PROTEST. WE BELIEVE, HOWEVER, THAT THE INVITATION SHOULD HAVE ADVISED BIDDERS SPECIFICALLY THAT THEIR STATED SHIPPING WEIGHTS FOR ONE OR MORE UNITS WERE TO BE CONSIDERED AS GUARANTEED AND THAT THE SUCCESSFUL BIDDER WOULD BE LIABLE FOR A PORTION OF THE TRANSPORTATION COSTS IF THE ACTUAL SHIPPING WEIGHT EXCEEDED THE GUARANTEED SHIPPING WEIGHT. SEE 39 COMP. GEN. 684, 695. AS WE INTERPRET THE FIRST PARAGRAPH OF THE "WEIGHT OF SHIPMENTS" CLAUSE OF THE INVITATION, THERE IS NOT EVIDENCED A CLEAR INTENTION TO HOLD THE SUCCESSFUL BIDDER RESPONSIBLE FOR VARIATIONS BETWEEN THE ACTUAL AND THE STATED SHIPPING WEIGHTS EXCEPT IN REGARD TO THE REPRESENTATION MADE AT LINE "G" OF THE TRANSPORTATION DATA FORM WHERE A MINIMUM GROSS SHIPPING WEIGHT FOR PARTIAL DELIVERIES IS REQUIRED TO BE INSERTED.