B-136123, JUL. 25, 1958

B-136123, JUL. 25, 1958

TO PETERSON TRACTOR AND EQUIPMENT CO.:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 9, 1958, PROTESTING THE REJECTION OF THE BID OF THE LOW BIDDER TO WHOM ALLEGEDLY YOU WERE TO SUPPLY 4-CYCLE CATERPILLAR DIESEL ENGINE GENERATORS FOR INSTALLATION AT MOUNT MCKINLEY NATIONAL PARK, ALASKA.

THE DEPARTMENT OF THE INTERIOR HAS FURNISHED OUR OFFICE WITH A REPORT ON THIS MATTER, INCLUDING COPIES OF THE INVITATION FOR BIDS, THE SUBMITTED BIDS, AND THE AWARDED CONTRACT. THE DEPARTMENT'S REPORT STATES:

"THE NATIONAL PARK SERVICE ADVISES THAT AWARD WAS MADE TO THE NORTHERN ELECTRIC CORPORATION OFFERING FAIRBANKS-MORSE EQUIPMENT, AS THE LOWEST RESPONSIVE BIDDER FOR THE FOLLOWING REASONS:

"THE CATERPILLAR EQUIPMENT OFFERED BY THE CITY ELECTRIC OF ANCHORAGE, INC., DID NOT COMPLY WITH THE REQUIREMENTS ON PAGE 32 OF THE SPECIFICATIONS PERTAINING TO THE MAXIMUM BRAKE MEAN EFFECTIVE PRESSURE OF 110 P.S.I. WHEN FIGURED AT 900 RPM AND 240 BHP. IN ADDITION, THE CITY ELECTRIC CORPORATION OF ANCHORAGE, INC., DID NOT PROVIDE WITH THEIR BID THE DATA REQUIRED ON PAGE 42 OF THE SPECIFICATIONS OR FURNISH SPECIFICATION DATA ON THE ENGINE BID UPON.'

THE BRAKE MEAN EFFECTIVE PRESSURE (BMEP) FOR THE OFFERED CATERPILLAR EQUIPMENT IS STATED IN THE CATERPILLAR PUBLISHED FORMULA AS FOLLOWS:

TABLE

476.6 TIMES BHP LOAD

BMEP--- --------------------

RPM

UNDER THE FORMULA, THE BMEP OF THE PARTICULAR ENGINE OFFERED IS COMPUTED AS FOLLOWS:

476.6 TIMES 240 BHP

BMEP EQUALS --------------------- EQUALS 127.9 P.S.I.

900 RPM

A BMEP OF 127.9 P.S.I. DOES NOT COMPLY WITH THE SPECIFICATION REQUIREMENT FOR A MAXIMUM OF 110 P.S.I., WHICH REQUIREMENT WAS CLEARLY STATED.

IT IS NOT THE RESPONSIBILITY OF THIS OFFICE TO DETERMINE THE PROCUREMENT NEEDS OF THE GOVERNMENT. 16 COMP. GEN. 171, 172. THE DRAFTING OF SPECIFICATIONS WHICH REFLECT THE NEEDS OF THE GOVERNMENT, AND THE FACTUAL DETERMINATION WHETHER PRODUCTS OFFERED BY BIDDERS MEET THOSE SPECIFICATIONS, ARE BOTH MATTERS WITHIN THE PRIMARY RESPONSIBILITY OF THE ADMINISTRATIVE AGENCIES. 17 COMP. GEN. 554, 557 AND 19 ID. 587, 589. THERE IS NO REQUIREMENT THAT THE UNITED STATES PURCHASE EQUIPMENT MERELY BECAUSE IT IS OFFERED AT A LOWER PRICE, WITHOUT INTELLIGENT REFERENCE TO THE PARTICULAR NEEDS TO BE SERVED. 36 COMP. GEN. 251, 252. WE FIND NOTHING IN THE RECORD FURNISHED TO INDICATE THAT THE STATED REQUIREMENTS OF THE SPECIFICATIONS WERE IN ANY WAY IMPROPER.

UNDER THE CIRCUMSTANCES, WE ARE OF THE OPINION THAT THE REJECTION OF THE BID OF CITY ELECTRIC OF ANCHORAGE, INC., UNDER THE SUBJECT SPECIFICATIONS WAS REQUIRED BY THE TERMS OF THE INVITATION.