B-154760, OCT. 2, 1964

B-154760, OCT. 2, 1964

TO LAUNDRY EQUIPMENT ASSOCIATES, INC.:

REFERENCE IS MADE TO YOUR TELEGRAM OF AUGUST 26, 1964, TO THE PROCUREMENT OFFICER OF THE DISTRICT OF COLUMBIA GOVERNMENT PROTESTING AGAINST THE AWARD OF A CONTRACT FOR LAUNDRY EQUIPMENT TO AMERICAN LAUNDRY MACHINERY INDUSTRIES UNDER INVITATION FOR BIDS NO. 35-161-4 0584-G, ISSUED MAY 11, 1964.

THE INVITATION SOLICITED BIDS TO FURNISH 8 ITEMS OF LAUNDRY EQUIPMENT FOR INSTITUTIONAL USE. THE ITEMS WERE PLACED IN THREE GROUPS DESIGNATED AS A, B, AND C. THE EQUIPMENT WITH WHICH YOUR PROTEST IS CONCERNED IS A WASHER- EXTRACTOR, LISTED UNDER ITEMS NOS. 1, 2, AND 3 (GROUPS A AND B), WHICH IS REQUIRED TO HAVE A MINIMUM DRY LOAD CAPACITY OF 350 POUNDS COMPUTED ON THE BASIS OF APPROXIMATELY 5.8 POUNDS DRY WASH PER FREE CUBIC FOOT OF CYLINDER. THE TYPE OF WASHER EXTRACTOR DESIRED WAS FURTHER CLARIFIED BY ADDENDUM NO. 1 TO THE INVITATION IN WHICH IT IS STATED "EQUIPMENT IS TO BE IN THE APPROX. 400 LB. CLASS (MIN. CAPACITY 350 LB. DRY LOAD).' THE SPECIAL CONDITIONS OF THE INVITATION INCLUDED REQUIREMENTS (PAR. 2) THAT THE EQUIPMENT FURNISHED BE THE STANDARD PRODUCT OF AN ESTABLISHED MANUFACTURER OF SUCH ITEMS AND (PAR. 7) THAT SUFFICIENT DESCRIPTIVE CATALOGUE MATERIAL AND TECHNICAL DATA BE FURNISHED WITH BIDS TO ADEQUATELY DESCRIBE THE EQUIPMENT PROPOSED TO BE FURNISHED. PARAGRAPH 12 OF THE INSTRUCTIONS TO BIDDERS PROVIDED IN PART THAT "THE CONTRACT WILL BE AWARDED THE LOWEST RESPONSIBLE BIDDER COMPLYING WITH ALL PROVISIONS OF THE INVITATION.'

ELEVEN BIDS WERE RECEIVED AND OPENED AS SCHEDULED ON MAY 25, 1964. THE LOWEST OVER-ALL COST AVAILABLE WAS A COMBINATION OF THE BIDS OF LAUNDRY EQUIPMENT ASSOCIATES ON GROUPS A AND B AND AMERICAN LAUNDRY MACHINERY INDUSTRIES ON GROUP C. THIS COMBINATION, HOWEVER, WAS DETERMINED NOT ACCEPTABLE FOR THE PRIMARY REASON THAT THE DESCRIPTIVE LITERATURE FURNISHED ON THE BRAUN MODEL 350 WASHER-EXTRACTOR OFFERED THEREUNDER BY YOUR FIRM WAS CONSIDERED TO BE INADEQUATE FOR PROPER EVALUATION OF SUCH EQUIPMENT AND YOUR BID AS TO THAT UNIT WAS, THEREFORE, NONRESPONSIVE TO THE INVITATION. THE SECOND LOWEST OVER-ALL COST WAS THE AGGREGATE BID PRICE OF AMERICAN LAUNDRY ON ALL GROUPS. ACCORDINGLY, AWARD WAS MADE TO AMERICAN LAUNDRY.

THE ANALYSIS AND FINDINGS REGARDING THE DATA ON BRAUN MODEL 350 FURNISHED WITH YOUR BID ARE REPORTED IN PERTINENT PART BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA AS FOLLOWS:

"LAUNDRY EQUIPMENT ASSOCIATES' BID OFFERING BRAUN MODEL 350 WASHER EXTRACTOR WAS REJECTED BECAUSE OF IMPOSSIBILITY OF EVALUATION. THE BIDER FAILED TO COMPLY WITH PAR. 7, SPECIAL CONDITIONS, DATA WITH BID WHICH REQUIRES THAT HE "SUPPLY WITH HIS BID SUFFICIENT DESCRIPTIVE CATALOG MATERIAL AND TECHNICAL DATA TO ADEQUATELY DESCRIBE THE EQUIPMENT HE PROPOSES TO FURNISH.' WHILE A WELL CHOSEN MODEL NUMBER (MODEL 350) CREATES AN ILLUSORY STATEMENT OF CAPACITY, THE BROCHURE CAREFULLY AVOIDS ANY SUCH STATEMENT. THIS IS A MOST VITAL OMISSION. PLEASE COMPARE THE TITLE OF THE BROCHURE FOR HIS MODEL 350 AND THE BROCHURE FOR HIS MODEL 400 LB. ALSO, NOTE THE ABSENCE OF ANY STATEMENT IN THE MODEL 350 BROCHURE COMPARABLE TO "CAPACITY BASED ON 5 1/2 POUNDS OF MIXED FLAT WORK, PER CU. FT.--- OPEN AREA ONLY, CALCULATED" ON THE REVERSE OF THE MODEL 400 LB BROCHURE. EVERY UNIT OFFERED, MODEL 350 EXCEPTED, IS SPECIFICALLY RATED FOR CAPACITY BY ITS MANUFACTURER, SUCH AS "THE 60 BY 36" (350 LB. DRY WT. CAPACITY) CASCADEX ...' BY AMERICAN LAUNDRY; "375 LB. BASED ON 5.2 LBS. PER CUBIC FOOT" BY MILNOR; "TROY 60 BY 42 375 LB. WX COMBINATION WASHER EXTRACTOR; " AND OTHERS. THIS DEMONSTRATES THAT THE TRADE CONSIDERS THE MANUFACTURER'S RATED CAPACITY AS ESSENTIAL DATA FOR EVALUATING THEIR EQUIPMENT. WITHOUT MINIMIZING THE MANUFACTURER'S RESPONSIBILITY FOR RATING HIS EQUIPMENT, WE, IN THE INTERESTS OF THE DISTRICT AND FAIRNESS TO ALL BIDDERS, ATTEMPTED TO RATE THE MODEL 350 USING THE BROCHURE SUPPLIED WITH THE BID. WE ARE OF THE OPINION THAT THE UNIT OFFERED IS A 300-325 LB. UNIT "BUILD-UP" OR "ASSEMBLED" TO MEET THE 350 LB. REQUIREMENT BUT WHICH RESULTS IN AN ECONOMY MODEL OF 350 LBS. MAXIMUM CAPACITY. THIS IS CONTRARY TO THE INTENT OF THE SPECIFICATIONS.

"ALSO, BRAUN'S ENGINEERING SPECIFICATIONS, COPY ATTACHED, SHOW THE COMPLETE LINE OF BRAUN WASHERS BY POUNDS OF CAPACITY, BUT DO NOT INCLUDE A 350 LB. OR MODEL 350 MACHINE. COMPARING THE MODEL 350 WITH SAID ENGINEERING SPECIFICATIONS, WE FIND THAT, EXCEPT FOR 6 ADDITIONAL INCHES OF CYLINDER DEPTH AND THE DIMENSIONS AFFECTED BY SAID 6 INCHES, THE MODEL 350 IS IDENTICAL WITH THE DELUXE 300-325 LB UNIT. THIS SUPPORTS OUR PREVIOUS CONCLUSION THAT THE MODEL 350 IS NOT REGULAR PRODUCTION, BUT A 300-325 LB. UNIT BUILT UP TO MEET SPECIFICATIONS. THERE IS NO EVIDENCE THAT THE MACHINE HAS BEEN, IS BEING, OR WILL BE OFFERED TO THE TRADE OR ACCEPTED BY THE TRADE AS A 350 LB. CAPACITY MACHINE. CONSTANT USE OF SUCH A UNIT AT 350 LB. WOULD BE CONSTANT USE AT MAXIMUM POTENTIAL WITHOUT RESERVE, RATHER THAN AT NORMAL RATED LOAD WITH RESERVE, THEREBY IMPAIRING ITS PERFORMANCE, EFFICIENCY, SHORTENING ITS USEFUL LIFE, AND INCURRING HIGH MAINTENANCE COSTS. ACCEPTANCE OF THE MODEL 350 UNDER SUCH CIRCUMSTANCES WOULD BE AGAINST THE INTEREST OF THE DISTRICT OF COLUMBIA TO THE EXTENT THAT IF IT FAILED TO PERFORM AS SPECIFIED AFTER INSTALLATION, IT WOULD HAVE BEEN PURCHASED WITHOUT ANY COMMITMENT BY THE MANUFACTURER TO SO PERFORM AND ENFORCEMENT OF THE CONTRACT, BECAUSE OF THE NATURE OF THE EQUIPMENT AND THE EXTENT OF INSTALLATION REQUIRED, WOULD BE DIFFICULT, IF NOT IMPOSSIBLE, INCURRING AT LEAST SEVERE ADMINISTRATIVE DIFFICULTIES AND POSSIBLE FINANCIAL LOSSES. THE MODEL 350 WAS THEREFOR REJECTED.'

IT IS WELL ESTABLISHED THAT THE DRAFTING OF SPECIFICATIONS DESIGNED TO MEET THE ACTUAL NEEDS OF THE GOVERNMENT AND DETERMINATIONS AS TO WHETHER THE BIDS RECEIVED ARE FACTUALLY RESPONSIVE TO SUCH SPECIFICATIONS ARE PRIMARILY A RESPONSIBILITY OF THE PARTICULAR AGENCY INVOLVED. CONSISTENT WITH SUCH RESPONSIBILITY THE INVITATION MAY PROPERLY REQUIRE THAT EACH BID BE ACCOMPANIED WITH DESCRIPTIVE DATA SUFFICIENT TO SHOW THAT THE PRODUCT OFFERED MEETS THE AGENCY'S MINIMUM NEEDS AS SET FORTH IN THE INVITATION. IN THE INSTANT CASE THE PROVISIONS OF THE INVITATION AND ADDENDUM NO. 1 THERETO CLEARLY REQUIRE THAT THE WASHER-EXTRACTOR FURNISHED BE AN ESTABLISHED MANUFACTURER'S STANDARD PRODUCT OF THE 400 POUND CLASS WITH A MINIMUM CAPACITY OF 350 POUNDS DRY LOAD. IN CONNECTION WITH SUCH SPECIFIED NEEDS AND AS A SPECIAL CONDITION OF THE INVITATION EACH BIDDER WAS REQUIRED TO SUPPLY WITH HIS BID SUFFICIENT DESCRIPTIVE AND TECHNICAL DATA TO ADEQUATELY DESCRIBE THE WASHER-EXTRACTOR HE PROPOSED TO FURNISH. THE D.C. GOVERNMENT'S REPORT SHOWS THAT THE DATA FURNISHED WITH YOUR BID, AS WELL AS THE ENGINEERING SPECIFICATIONS FOR THE BRAUN LINE OF WASHERS, WERE THOROUGHLY CONSIDERED AND EVALUATED BY APPROPRIATE D.C. OFFICIALS AND THEY WERE UNABLE TO FIND THAT THE ITEM OFFERED BY YOU WAS THE MANUFACTURER'S STANDARD PRODUCT OF THE 400 POUND CLASS SO ENGINEERED AND DESIGNED AS TO EFFICIENTLY WASH, AS A MINIMUM FACTOR, DRY LOADS OF 350 POUNDS AS PRESCRIBED BY THE INVITATION. IN THIS RESPECT IT SEEMS TO HAVE BEEN CONSIDERED PARTICULARLY SIGNIFICANT THAT THE MATERIAL FURNISHED WITH YOUR BID DID NOT SHOW THE MANUFACTURER'S RATED WASHING CAPACITY FOR THE ITEM ALTHOUGH THE ESTABLISHMENT OF SUCH A RATING APPEARS CUSTOMARY IN THE TRADE. AS IT IS NOT APPARENT FROM THE ABOVE REPORT THAT THE ADMINISTRATIVE ACTION WAS IN ANY WAY ARBITRARY, CAPRICIOUS OR IN BAD FAITH, WE SEE NO VALID BASIS ON WHICH TO QUESTION THE JUDGMENT OF THE CONTRACTING AGENCY.

FOR THE REASONS SET OUT HEREIN WE DO NOT FEEL THAT WE WOULD BE JUSTIFIED IN OBJECTING TO THE ACTION TAKEN WITH RESPECT TO YOUR BID, AND YOUR PROTEST IS THEREFORE DENIED.