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B-144553, JUN. 1, 1961

B-144553 Jun 01, 1961
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INCORPORATED: REFERENCE IS MADE TO YOUR LETTER OF APRIL 6. REFERRING TO OUR LETTER OF MARCH 22 WHICH DENIED YOUR PROTEST AGAINST THE DETERMINATION MADE BY THE UNITED STATES MARINE CORPS THAT YOUR BID UNDER INVITATION FOR BIDS NO. 60-61 WAS NOT RESPONSIVE. IT IS STATED THAT YOU ARE UNABLE TO AGREE THAT YOUR BID WAS NOT "REASONABLY RESPONSIVE" AND THAT YOU ARE STILL OF THE OPINION THAT THE GREAT DIFFERENCE BETWEEN THE AMOUNTS OF THE REJECTED BIDS AND THE AMOUNT OF THE SUCCESSFUL BID IS OF PARAMOUNT IMPORTANCE AS TO WHAT IS IN THE BEST INTEREST OF THE GOVERNMENT. IT IS THE PROVINCE AND RESPONSIBILITY OF THE ADMINISTRATIVE OFFICERS TO DRAFT SPECIFICATIONS FOR EQUIPMENT AND SUPPLIES WHICH WILL MEET THE NEEDS OF THE GOVERNMENT.

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B-144553, JUN. 1, 1961

TO METRO ENGINEERING AND MANUFACTURING COMPANY, INCORPORATED:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 6, 1961, REFERRING TO OUR LETTER OF MARCH 22 WHICH DENIED YOUR PROTEST AGAINST THE DETERMINATION MADE BY THE UNITED STATES MARINE CORPS THAT YOUR BID UNDER INVITATION FOR BIDS NO. 60-61 WAS NOT RESPONSIVE.

IT IS STATED THAT YOU ARE UNABLE TO AGREE THAT YOUR BID WAS NOT "REASONABLY RESPONSIVE" AND THAT YOU ARE STILL OF THE OPINION THAT THE GREAT DIFFERENCE BETWEEN THE AMOUNTS OF THE REJECTED BIDS AND THE AMOUNT OF THE SUCCESSFUL BID IS OF PARAMOUNT IMPORTANCE AS TO WHAT IS IN THE BEST INTEREST OF THE GOVERNMENT.

IT IS THE PROVINCE AND RESPONSIBILITY OF THE ADMINISTRATIVE OFFICERS TO DRAFT SPECIFICATIONS FOR EQUIPMENT AND SUPPLIES WHICH WILL MEET THE NEEDS OF THE GOVERNMENT. BIDDERS ARE REQUIRED TO OFFER EQUIPMENT WHICH COMPLIES WITH THE REQUIREMENTS SET FORTH IN THE SPECIFICATIONS IN ORDER TO BE ELIGIBLE FOR AWARD. BIDDERS WHO DO NOT OFFER TO MEET THE REQUIREMENTS OF THE SPECIFICATIONS UNDOUBTEDLY CAN LOWER PRICES. IT WAS ADMINISTRATIVELY DETERMINED THAT THE LOWER BIDS RECEIVED DID NOT COMPLY WITH THE REQUIREMENTS OF THE SPECIFICATIONS IN MATERIAL RESPECTS. AS TO THE REASON WHY SO MANY BIDS WERE NOT RESPONSIVE, IT CAN ONLY BE ASSUMED THAT SUCH BIDDERS EITHER DID NOT UNDERSTAND THE REQUIREMENTS OR WERE NOT SUFFICIENTLY INTERESTED TO PERFORM THE DESIGN ENGINEERING REQUIRED TO SUBMIT A RESPONSIVE BID. IN ANY EVENT, THE DATA SUBMITTED WITH THEIR BIDS SHOWS THAT THE EQUIPMENT OFFERED DID NOT COMPLY WITH THE REQUIREMENTS OF THE SPECIFICATIONS.

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