B-136288, JUL. 22, 1958
Highlights
TO TOLEDO SCALE CORPORATION: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE REJECTION OF YOUR REPORTED LOW BIDS ON INVITATIONS NOS. WAS ACCOMPANIED BY DESCRIPTIVE LITERATURE ENTITLED "TOLEDO VALUE PRINT SYSTEM. " WHICH CLEARLY INDICATED THAT THE TYPE OF EQUIPMENT YOU PROPOSED TO FURNISH WAS NON-RESPONSIVE TO THE SPECIFICATIONS IN THAT IT WAS NOT ENTIRELY AUTOMATIC. THE PRINCIPAL FEATURES WHEREIN THE SCALE YOU OFFERED FAILED TO MEET THE MINIMUM REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS ARE AS FOLLOWS: TABLE AUTOMATIC WEIGHING. IT WAS FOUND THAT THE EQUIPMENT YOU PROPOSED TO FURNISH FAILED TO COMPLY WITH SPECIFICATIONS IN THE FOLLOWING PARTICULARS: TOLEDO TRIANGLE CROSS-WRAP AUTOMATIC MACHINE MACHINE SPECIFIED AND ORDERED (1) OPERATOR REQUIRED TO MAKE THE (1) OPERATOR PLACES ITEM FIRST TWO FOLDS BY HAND AND TO BE WRAPPED ON A PLACE THE PACKAGE ON A HEAT CONVEYER BELT WHICH SEAL UNIT BEFORE PLACING IT FEEDS THE MACHINE.
B-136288, JUL. 22, 1958
TO TOLEDO SCALE CORPORATION:
FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE REJECTION OF YOUR REPORTED LOW BIDS ON INVITATIONS NOS. ENG-44-008-58-96 AND ENG 44-008-58- 97, ISSUED MAY 12, 1958, BY THE PURCHASING AND CONTRACTING OFFICE, FORT BELVOIR, VIRGINIA.
INVITATION NO. ENG-44-008-58-96 CALLED FOR THE FURNISHING AND INSTALLATION AT FORT BELVOIR OF ONE SCALE, PREPACKING, AUTOMATIC, WEIGHING, COMPUTING, LABEL PRINTING, ISSUING MACHINE, AS SPECIFIED. YOUR PROPOSAL OF MAY 19, 1958, FOR $1,826, WAS ACCOMPANIED BY DESCRIPTIVE LITERATURE ENTITLED "TOLEDO VALUE PRINT SYSTEM," WHICH CLEARLY INDICATED THAT THE TYPE OF EQUIPMENT YOU PROPOSED TO FURNISH WAS NON-RESPONSIVE TO THE SPECIFICATIONS IN THAT IT WAS NOT ENTIRELY AUTOMATIC, AS REQUIRED, BUT REQUIRED SEVERAL MANUAL OPERATIONS. THE PRINCIPAL FEATURES WHEREIN THE SCALE YOU OFFERED FAILED TO MEET THE MINIMUM REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS ARE AS FOLLOWS:
TABLE
AUTOMATIC WEIGHING,
TOLEDO VALUE PRINT SYSTEM COMPUTING AND LABELING
SYSTEM SPECIFIED (1) FIVE (5) SEPARATE AND DISTINCT (1) TWO (2) SEPARATE AND
MOTIONS REQUIRED BY THE DISTINCT MOTIONS
OPERATOR. REQUIRED BY OPERATOR. (2) READING OF THE MACHINE TO OBTAIN (2) NO READING OF THE
DATA FOR USE BY THE OPERATOR IN MACHINE REQUIRED OF
IMPRINTING THE LABEL. THE OPERATOR FOR
IMPRINTING THE LABEL. (3) THE PRICE PER PACKAGE REQUIRES A (3) NO KEY BOARD OPERATION
KEY BOARD PUNCHING OPERATION BY REQUIRED OF THE
THE OPERATOR. OPERATOR. (4) EACH INDIVIDUAL LABEL MUST BE PLACED (4) THE OPERATOR DOES NOT
INTO TWO DISTINCT LOCATIONS BY THE TOUCH THE LABEL AT
OPERATOR IN ORDER TO IMPRINT THE ALL.
PRICE PER PACKAGE AND TO ATTACH THE
LABEL.
INVITATION NO. ENG-44-008-58-97 CALLED FOR A PACKAGING MACHINE, MEAT AND PRODUCE WRAPPER, FULLY AUTOMATIC, ELECTRICALLY OPERATED, AS SPECIFIED. FROM AN EXAMINATION OF THE DESCRIPTIVE LITERATURE, ENTITLED "TOLEDO TRIANGLE CROSS-WRAP," WHICH ACCOMPANIED YOUR PROPOSAL OF MAY 19, 1958, IT WAS FOUND THAT THE EQUIPMENT YOU PROPOSED TO FURNISH FAILED TO COMPLY WITH SPECIFICATIONS IN THE FOLLOWING PARTICULARS:
TOLEDO TRIANGLE CROSS-WRAP AUTOMATIC MACHINE
MACHINE SPECIFIED AND ORDERED (1) OPERATOR REQUIRED TO MAKE THE (1) OPERATOR PLACES ITEM
FIRST TWO FOLDS BY HAND AND TO BE WRAPPED ON A
PLACE THE PACKAGE ON A HEAT CONVEYER BELT WHICH
SEAL UNIT BEFORE PLACING IT FEEDS THE MACHINE, THE
IN MACHINE FOR THE FINAL TWO OPERATOR REMAINING IN
FOLDS AND SEAL. THE SAME LOCATION,
REMOVING THE WRAPPED
AND SEALED PACKAGES
FROM THE MACHINE. (2) THE RATE OF PRODUCTION OF (2)THE RATE OF PRODUCTION
MACHINE IS LIMITED TO THE OF MACHINE CONTROLLED
RAPIDITY AND SKILL WITH WHICH BY THE SPEED WITH
THE OPERATOR CAN PERFORM THE WHICH THE UNSKILLED
PREWRAP OPERATION. OPERATOR PLACES THE
ITEM ONTO THE CONVEYOR
BELT. MACHINE CAPABLE
OF WRAPPING 40
PACKAGES PER MINUTE. (3) YOUR MACHINE IS KNOWN IN THE (3) THE MACHINE SPECIFIED
TRADE AS A SEMI-AUTOMATIC IS A FULLY AUTOMATIC
MACHINE. MACHINE.
IN ADDITION TO THE FOREGOING, IT IS ESTIMATED THAT BY ORDERING THE WRAPPING MACHINE SPECIFIED, THERE WILL RESULT A 10 PERCENT SAVINGS IN THE PURCHASE PRICE OF THE FOUR SIZES OF ROLL PAPER USED IN THE AUTOMATIC MACHINE, AS COMPARED TO THE SIX TO 10 SIZES OF PRE-CUT WRAPPING PAPER USED IN THE SEMI-AUTOMATIC TOLEDO MACHINE.
IT LONG HAS BEEN RECOGNIZED THAT THE FUNCTION OF DETERMINING WHETHER EQUIPMENT OFFERED BY A BIDDER CONFORMS WITH THE DETAILED REQUIREMENT OF THE ADVERTISED SPECIFICATIONS IS ONE FOR EXERCISE BY THE CONTRACTING AND ADMINISTRATIVE OFFICIALS OF THE GOVERNMENT. SEE O BRIEN V. CARNEY, 6 F.SUPP. 761; ROYAL SUNDRIES CORP. V. UNITED STATES, 111 F.SUPP. 136.
THE EQUIPMENT OFFERED BY YOU HAVING FAILED TO MEET THE SPECIFICATION REQUIREMENTS IN THE AFORESAID PARTICULARS, WE HAVE NO ALTERNATIVE BUT TO AFFIRM THE ACTION OF THE PURCHASING AGENCY IN HAVING REJECTED YOUR PROPOSALS.