B-169057, JUL. 16, 1970
Highlights
WHOSE PRICE LIST INDICATED THEIR PRESS CAPACITY WAS RATED AT 1/8" FROM THE BOTTOM. WHEREAS THE SPECIFICATIONS REQUIRED A MEASUREMENT OF 1/4" FROM THE BOTTOM STROKE MUST HAVE NAVY DETERMINATION THAT THE DIFFERENCE IN THE POINT MEASUREMENT WAS NEGLIGIBLE IN TERMS OF MACHINE CAPACITY UPHELD. SINCE THE BIDDER WAS OBLIGATED TO MEET GOVERNMENT STANDARDS INCLUDING THE RATED CAPACITY THERE IS NO BASIS TO HOLD THE BID NONRESPONSIVE. TO NIAGARA MACHINE AND TOOL WORKS: WE HAVE RECEIVED YOUR TELEGRAM AND LETTER OF JUNE 24. OUR DENIAL OF YOUR PRIOR PROTEST WAS PREMISED UPON OUR CONCLUSION THAT THE BID SUBMITTED BY WAYNE PRESS COMPANY WAS THE LOW RESPONSIVE BID. YOU HAVE REQUESTED RECONSIDERATION OF THAT DETERMINATION IN VIEW OF THE FACT THAT THE PRICE LIST SUBMITTED BY WAYNE PRESS STATES THAT THE CAPACITY OF THEIR PRESSES IS RATED AT 1/8" FROM THE BOTTOM WHEREAS THE SPECIFICATIONS INCORPORATED IN THE INVITATION FOR BIDS REQUIRED THE CAPACITY TO BE MEASURED 1/4" FROM THE BOTTOM OF THE STROKE.
B-169057, JUL. 16, 1970
CONTRACTS -- BID PROTEST -- RESPONSIVENESS DECISION TO NIAGARA MACHINE AND TOOL WORKS UPHOLDING PRIOR DECISION, B- 169057, DATED JUNE 17, 1970, WHICH PROTESTS AGAINST AWARD TO WAYNE PRESS COMPANY AS THE LOW BIDDER UNDER INVITATION FOR BIDS BY THE NAVY PURCHASING OFFICE. LOW BIDDER, WHOSE PRICE LIST INDICATED THEIR PRESS CAPACITY WAS RATED AT 1/8" FROM THE BOTTOM, WHEREAS THE SPECIFICATIONS REQUIRED A MEASUREMENT OF 1/4" FROM THE BOTTOM STROKE MUST HAVE NAVY DETERMINATION THAT THE DIFFERENCE IN THE POINT MEASUREMENT WAS NEGLIGIBLE IN TERMS OF MACHINE CAPACITY UPHELD, THEREFORE, SINCE THE BIDDER WAS OBLIGATED TO MEET GOVERNMENT STANDARDS INCLUDING THE RATED CAPACITY THERE IS NO BASIS TO HOLD THE BID NONRESPONSIVE.
TO NIAGARA MACHINE AND TOOL WORKS:
WE HAVE RECEIVED YOUR TELEGRAM AND LETTER OF JUNE 24, 1970, REQUESTING RECONSIDERATION OF OUR PRIOR DECISION, B-169057 DATED JUNE 17, 1970, WHICH DENIED YOUR PROTEST AGAINST AWARD TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS NO. N00600-70-B-0213 ISSUED BY THE NAVY PURCHASING OFFICE.
OUR DENIAL OF YOUR PRIOR PROTEST WAS PREMISED UPON OUR CONCLUSION THAT THE BID SUBMITTED BY WAYNE PRESS COMPANY WAS THE LOW RESPONSIVE BID. YOU HAVE REQUESTED RECONSIDERATION OF THAT DETERMINATION IN VIEW OF THE FACT THAT THE PRICE LIST SUBMITTED BY WAYNE PRESS STATES THAT THE CAPACITY OF THEIR PRESSES IS RATED AT 1/8" FROM THE BOTTOM WHEREAS THE SPECIFICATIONS INCORPORATED IN THE INVITATION FOR BIDS REQUIRED THE CAPACITY TO BE MEASURED 1/4" FROM THE BOTTOM OF THE STROKE.
AS WE ADVISED YOU IN OUR LETTER OF JUNE 17, 1970, THE NAVY STATED THAT THIS DIFFERENCE IN THE POINT OF MEASUREMENT IS INSIGNIFICANT IN TERMS OF MACHINE CAPABILITY INVOLVING AN EIGHT-INCH STROKE AND THIS OFFICE NORMALLY ACCEPTS THEIR TECHNICAL JUDGMENTS. THIS OFFICE DOES NOT HAVE THE REQUISITE ENGINEERING FACILITIES TO ACTUALLY MEASURE THE CAPACITY OF WAYNE'S COMMERCIAL PRESSES. HOWEVER, IF WE UNDERSTAND THE EVALUATION FORMULA SET FORTH IN THE ARTICLE ACCOMPANYING YOUR LETTER OF JUNE 24, 1970, IT WOULD APPEAR THAT VARIOUS PRESSES MANUFACTURED BY WAYNE MEET THE REQUIRED MINIMUM PRESS CAPACITY. ITEMS 1 AND 2 OF THE INVITATION FOR BIDS REQUIRED MINIMUM PRESS CAPACITIES OF 70 AND 60 TONS, RESPECTIVELY. BASED UPON THE MATHEMATICAL FORMULA YOU HAVE SUPPLIED, WAYNE'S 120, 150, AND 200 TON PRESSES EVEN WHEN RATED 1/4" FROM THE BOTTOM WOULD APPEAR TO MEET THE REQUIRED MINIMUM CAPACITIES OF 70 AND 60 TONS. THEREFORE, WE CANNOT AGREE THAT THE PRICE LIST FURNISHED BY WAYNE CONTAINED EVIDENCE THAT THE COMPANY'S MECHANICAL PRESSES WOULD NOT FULLY COMPLY WITH THE GOVERNMENT'S REQUIREMENTS AS SET FORTH IN THE INVITATION FOR BIDS.
SINCE WAYNE PRESS WAS OBLIGATED IN ITS BID TO MEET THE GOVERNMENT'S REQUIREMENTS INCLUDING THE RATED CAPACITIES MEASURED 1/4" FROM THE BOTTOM OF THE STROKE, WE FIND NO BASIS TO HOLD ITS BID NONRESPONSIVE. ACCORDINGLY, OUR PRIOR DECISION OF JUNE 17, 1970, IS AFFIRMED.