B-139394, AUG. 5, 1959
B-139394: Aug 5, 1959
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TO GENERAL ELECTRIC COMPANY: FURTHER REFERENCE IS MADE TO YOUR PROTEST RELATIVE TO THE REJECTION OF YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. AS YOU ARE AWARE. THE VETERANS ADMINISTRATION REPORTED THAT THE EQUIPMENT OFFERED BY YOU WAS REJECTED FOR NOT COMPLYING WITH THE SPECIFICATIONS FOR THE FOLLOWING REASONS: TABLE ITEM 1. EXCEPTION IS TAKEN TO THE STATEMENT THAT THE TUBE STAND OFFERED UNDER ITEMS 4. 6 WERE SUPPORTED FROM THE FLOOR AND OVERHEAD RATHER THAN FROM OVERHEAD ONLY. IT IS STATED THAT THE PRIMARY REASON GIVEN YOU FOR THE REJECTION OF YOUR BID WAS THE FAILURE TO PROVIDE AN ELECTRIC MOTOR TO POSITION THE TUBE HEAD IN THE VERTICAL POSITION AS REQUIRED BY THE SPECIFICATION.
B-139394, AUG. 5, 1959
TO GENERAL ELECTRIC COMPANY:
FURTHER REFERENCE IS MADE TO YOUR PROTEST RELATIVE TO THE REJECTION OF YOUR BID SUBMITTED IN RESPONSE TO INVITATION FOR BIDS NO. M6-48-59, ISSUED BY THE VETERANS ADMINISTRATION SUPPLY DEPOT, SUMMERVILLE, NEW JERSEY, FOR X-RAY EQUIPMENT, IN ACCORDANCE WITH FEDERAL SPECIFICATION GG-X-635A, OCTOBER 4, 1956.
AS YOU ARE AWARE, THE VETERANS ADMINISTRATION REPORTED THAT THE EQUIPMENT OFFERED BY YOU WAS REJECTED FOR NOT COMPLYING WITH THE SPECIFICATIONS FOR THE FOLLOWING REASONS:
TABLE ITEM 1. PARAGRAPH 1.2.1.5 OF FEDERAL SPECIFICATION
GG-X-635A, DATED OCTOBER 4, 1956, DESCRIBES A
TYPE III BODY SECTIONAL DEVICE PROVIDING FOR
RADIOGRAPHY FROM THE HORIZONTAL PLANE THROUGH THE
VERTICAL PLANE. GENERAL ELECTRIC OFFERED A DEVICE
PROVIDING FOR HORIZONTAL AND VERTICAL RADIOGRAPHY
ONLY. ITEMS 4, 5, AND 6. PARAGRAPH 1.2.1.3 DESCRIBES A TYPE II TUBE STAND
SUPPORTED FROM OVERHEAD ONLY. GENERAL ELECTRIC
OFFERED A TYPE III TUBE STAND SUPPORTED FROM THE
FLOOR AND OVERHEAD. ITEMS 7, 8, AND 9. PARAGRAPH 3.4.3.4 REQUIRES THE VERTICAL ADJUSTMENT
FOR THE POSITIONING OF THE X-RAY TUBE TO BE
ACTUATED BY AN ELECTRIC MOTOR. THEY OFFERED A UNIT
REQUIRING MANUAL ADJUSTMENT OF THE TUBE.
IN YOUR LETTER OF JUNE 19, 1959, EXCEPTION IS TAKEN TO THE STATEMENT THAT THE TUBE STAND OFFERED UNDER ITEMS 4, 5, AND 6 WERE SUPPORTED FROM THE FLOOR AND OVERHEAD RATHER THAN FROM OVERHEAD ONLY, AS REQUIRED BY THE SPECIFICATION. IT IS STATED THAT THE PRIMARY REASON GIVEN YOU FOR THE REJECTION OF YOUR BID WAS THE FAILURE TO PROVIDE AN ELECTRIC MOTOR TO POSITION THE TUBE HEAD IN THE VERTICAL POSITION AS REQUIRED BY THE SPECIFICATION. IT IS CONTENDED THAT THIS REQUIREMENT OF THE FEDERAL SPECIFICATION IS RESTRICTIVE. OBJECTION IS ALSO TAKEN TO OTHER PROVISIONS OF THE SPECIFICATION AND IT IS STATED THAT THE EQUIPMENT OF NO SINGLE MANUFACTURER COMPLIES WITH THE VARIOUS REQUIREMENTS OF THE SPECIFICATIONS, IF STRICTLY INTERPRETED.
SINCE IT IS CONCEDED THAT THE EQUIPMENT OFFERED BY YOU DID NOT COMPLY WITH THE ADVERTISED SPECIFICATIONS, WE WOULD NOT BE WARRANTED IN QUESTIONING THE REJECTION OF YOUR BID UNDER THE INVITATION HERE INVOLVED. HOWEVER, WE ARE FORWARDING A COPY OF YOUR LETTER OF JUNE 19, 1959, TO THE ADMINISTRATOR OF VETERANS AFFAIRS AND ALSO TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, FOR CONSIDERATION OF POSSIBLE MODIFICATION OR CLARIFICATION OF FEDERAL SPECIFICATION GG-X 635A.
