B-152026, NOV. 27, 1963
Highlights
TO PIONEER ENGINEERING: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27. THE FACTS IN THE CASE WERE FULLY SET FORTH IN OUR DECISION OF SEPTEMBER 25. THEREFORE WILL NOT BE REPEATED HERE. YOU STATE THAT THE INVITATION REQUIRED THE DEVIATIONS TO THE SPECIFICATIONS TO BE LISTED IN THE BID PRIOR TO THE OPENING THEREOF AND THE FACT THAT NONE WERE LISTED YET IMPLIED THROUGH AN . SMITH OF THE BUREAU OF INDIAN AFFAIRS AND STATED THAT THE EQUIPMENT WHICH HIS COMPANY PROPOSED TO FURNISH UNDER ITS BID DEVIATED SLIGHTLY FROM THE ADVERTISED SPECIFICATIONS AND THAT THE CALL WAS MADE TO OBTAIN CONCURRENCE FROM THE BUREAU PRIOR TO SUBMISSION OF ITS BID. THE SPECIFICATION DEVIATIONS THAT IOWA'S REPRESENTATIVE HAD MENTIONED TO HIM WERE MADE KNOWN TO THE BUREAU'S ENGINEERING STAFF AND THAT IT WAS THEIR OPINION THAT THESE DEVIATIONS WERE MINOR.
B-152026, NOV. 27, 1963
TO PIONEER ENGINEERING:
REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27, 1963, REQUESTING RECONSIDERATION OF OUR DECISION OF SEPTEMBER 25, 1963, TO YOU, IN WHICH WE HELD THAT NO VALID BASIS EXISTED FOR US TO OBJECT TO THE ACTION OF THE BUREAU OF INDIAN AFFAIRS IN AWARDING A CONTRACT TO THE IOWA MANUFACTURING COMPANY UNDER INVITATION NO. BIA-0650-276.
THE FACTS IN THE CASE WERE FULLY SET FORTH IN OUR DECISION OF SEPTEMBER 25, 1963, AND THEREFORE WILL NOT BE REPEATED HERE.
YOU STATE THAT THE INVITATION REQUIRED THE DEVIATIONS TO THE SPECIFICATIONS TO BE LISTED IN THE BID PRIOR TO THE OPENING THEREOF AND THE FACT THAT NONE WERE LISTED YET IMPLIED THROUGH AN ,UNFORTUNATE CHOICE OF WORDS" DOES NOT ALTER THE REQUIREMENT FOR THE DEVIATIONS TO BE LISTED IN THE BID.
THE RECORD INDICATES THAT PRIOR TO RECEIPT OF THE BID OF THE IOWA MANUFACTURING COMPANY, A REPRESENTATIVE OF THAT COMPANY TELEPHONED MR. SMITH OF THE BUREAU OF INDIAN AFFAIRS AND STATED THAT THE EQUIPMENT WHICH HIS COMPANY PROPOSED TO FURNISH UNDER ITS BID DEVIATED SLIGHTLY FROM THE ADVERTISED SPECIFICATIONS AND THAT THE CALL WAS MADE TO OBTAIN CONCURRENCE FROM THE BUREAU PRIOR TO SUBMISSION OF ITS BID. IN ITS COVERING LETTER THE IOWA MANUFACTURING COMPANY REFERRED TO ,MINOR DETAILS ON CONVEYORS, BEARINGS AND TROUGHING ROLL DESIGN, AS WELL AS THE CRADLE TRUCK ELEVATION" BUT DID NOT DESCRIBE THEREIN THE DEVIATIONS IN DETAIL. IN THIS CONNECTION, MR. SMITH OF THE BUREAU OF INDIAN AFFAIRS HAS ADVISED US INFORMALLY THAT AT THE TIME OF THE REFERRED-TO TELEPHONE CONVERSATION, IOWA'S REPRESENTATIVE DID DESCRIBE IN DETAIL THE DEVIATIONS REFERRED TO IN THE COMPANY'S COVERING LETTER. MR. SMITH ALSO STATED THAT AT THE CONCLUSION OF THE TELEPHONE CONVERSATION, THE SPECIFICATION DEVIATIONS THAT IOWA'S REPRESENTATIVE HAD MENTIONED TO HIM WERE MADE KNOWN TO THE BUREAU'S ENGINEERING STAFF AND THAT IT WAS THEIR OPINION THAT THESE DEVIATIONS WERE MINOR.
WHILE WE DO NOT CONDONE ALL ACTIONS TAKEN IN THIS PROCUREMENT, PARTICULARLY THE FAILURE OF THE IOWA MANUFACTURING COMPANY TO SET FORTH IN DETAIL IN ITS BID OR COVERING LETTER THE SPECIAL DEVIATIONS TO THE SPECIFICATIONS, THERE IS NO BASIS FOR US TO HOLD THE CONTRACT INVALID AND WE MUST AFFIRM OUR PREVIOUS DECISION.