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B-145139, JUN. 23, 1961

B-145139 Jun 23, 1961
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THE SECRETARY OF THE NAVY WAS ADVISED THAT THE BID SUBMITTED ON PILOT TRANSPORTERS UNDER INVITATION 600- 381-61 BY THE RECONY DIVISION OF THE VINCO CORPORATION. THE PROTEST WAS REFERRED TO THE DEPARTMENT OF THE NAVY FOR COMMENT. HOTTEL COMPANY ALLEGATION THAT THE REFRIGERATION COMPRESSOR OFFERED BY RECONY HAS INSUFFICIENT CAPACITY TO MEET THE REQUIREMENTS OF PARAGRAPH 3.6.9.12.7 OF MIL-T-22278 (WEP) IS APPARENTLY CORRECT. PER HOUR (5 TONS) CAPACITY WHILE THE VEHICLE IS OPERATION IN 110 DEGREES F AMBIENT AIR AND AT A 20 DEGREE F COMPRESSOR SUCTION TEMPERATURE. (THIS IS NOT SPECIFICALLY STATED BY THE ENGINE SPEED RELATIONSHIP OF ALL OF THE ROTATING COMPONENTS CLEARLY INDICATES THAT FULL CAPACITY SHOULD BE AVAILABLE AT 1700 R.P.M.).

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B-145139, JUN. 23, 1961

TO EUGENE L. STEWART, ESQUIRE:

BY DECISION B-145139 OF MARCH 30, 1961, THE SECRETARY OF THE NAVY WAS ADVISED THAT THE BID SUBMITTED ON PILOT TRANSPORTERS UNDER INVITATION 600- 381-61 BY THE RECONY DIVISION OF THE VINCO CORPORATION, THE FIRM YOU REPRESENT, COULD BE CONSIDERED RESPONSIVE UPON CONFIRMATION OF ITS OBLIGATION TO FURNISH TUBELESS TIRES ON THE VEHICLES AS REQUIRED BY THE SPECIFICATIONS INSTEAD OF TUBE-TYPE TIRES LISTED IN THE DESCRIPTIVE LITERATURE ACCOMPANYING ITS BID.

SUBSEQUENTLY, BY LETTER OF APRIL 5, 1961, HARVEY W. HOTTEL, INC., ALLEGED THAT THE BID OF RECONY DID NOT MEET THE SPECIFICATIONS IN FOUR RESPECTS AND, THEREFORE, PROTESTED AGAINST AN AWARD BEING MADE TO RECONY. THE PROTEST WAS REFERRED TO THE DEPARTMENT OF THE NAVY FOR COMMENT. UPON REVIEW OF THE RECONY BID, THE DEPARTMENT CONCLUDED:

"* * * THE HARVEY W. HOTTEL COMPANY ALLEGATION THAT THE REFRIGERATION COMPRESSOR OFFERED BY RECONY HAS INSUFFICIENT CAPACITY TO MEET THE REQUIREMENTS OF PARAGRAPH 3.6.9.12.7 OF MIL-T-22278 (WEP) IS APPARENTLY CORRECT. PARAGRAPH 3.6.9.12.7 REQUIRES A REFRIGERATION COMPRESSOR OF 60,000 B.T.U. PER HOUR (5 TONS) CAPACITY WHILE THE VEHICLE IS OPERATION IN 110 DEGREES F AMBIENT AIR AND AT A 20 DEGREE F COMPRESSOR SUCTION TEMPERATURE. FURTHER THE OPERATING SPEED OF THE COMPRESSOR SHOULD BE APPROXIMATELY 1700 R.P.M. AT THAT RATING. (THIS IS NOT SPECIFICALLY STATED BY THE ENGINE SPEED RELATIONSHIP OF ALL OF THE ROTATING COMPONENTS CLEARLY INDICATES THAT FULL CAPACITY SHOULD BE AVAILABLE AT 1700 R.P.M.) USING THE COMPRESSOR CAPACITY CURVES SUBMITTED IT CAN BE DETERMINED THAT AT 20 DEGREES F SUCTION TEMPERATURE (REQUIRED PARAGRAPH 3.6.9.12.7, MIL-T- 22278 (WEP) AND A 140 DEGREES F CONDENSING TEMPERATURE (DESIGN CONDITION FOR 110 DEGREES F AMBIENT TEMPERATURE GIVEN ON RECONY DRAWING CP-60263-1) THE TRANE MODEL 3F5A30 COMPRESSOR OFFERED IN UNDERSIZED. ACTUALLY ITS RATING UNDER THESE CONDITIONS IS APPROXIMATELY 4.1 TONS (49,000 B.T.U. PER HOUR) OR OVER 15 PERCENT UNDER THE REQUIRED RATING, AN IMPORTANT FACTOR TO BE CONSIDERED.'

AT AN INFORMAL MEETING IN OUR OFFICE, YOU WERE FURNISHED A COPY OF THE DEPARTMENT'S CONCLUSION. THEREAFTER IN LETTER OF MAY 11, 1961, YOU CONTEND THAT THE AWARD SHOULD BE MADE TO RECONY ECAUSE: (1) PARAGRAPH 3.6.9.12.7 OF THE SPECIFICATION DID NOT SPECIFY THAT THE COMPRESSOR WOULD BE RATED AT AN OPERATING SPEED OF 1700 R.P.M. AND THE COMPRESSOR RECONY OFFERED TO FURNISH MEETS THE RATING AT A SPEED OF 2100 R.P.M. WHICH IS WITHIN THE 700 TO 2400 R.P.M. OPERATING RANGE REQUIRED OF THE COMPRESSOR IN PARAGRAPH 3.6.9.12; (2) THE DEVELOPMENT OF 60,000 B.T.U. PER HOUR AT A SUCTION TEMPERATURE OF 20 DEGREES F. IS A RATING CONDITION BUT THE OFFERED EQUIPMENT MEETS THE SPECIFICATION OPERATING CONDITION OF 62,000 B.T.U. PER HOUR AT 30 DEGREES F. SUCTION TEMPERATURE AND 1700 R.P.M.; AND (3) RECONY'S BLANKET OFFER IN ITS BID TO MEET THE SPECIFICATION REQUIREMENTS OVERCOMES ANY DEFECTS IN ITS DESCRIPTIVE LITERATURE.

CERTAIN PHASES OF YOUR LETTER WERE REFERRED TO THE CONTRACTING AGENCY FOR A SUPPLEMENTAL REPORT. IN RESPONSE THERETO IT WAS POINTED OUT THAT THE 700 TO 2400 R.P.M. RANGE IS MERELY THE OPERATING EXTREME WITHIN WHICH THE COMPRESSOR WOULD BE EXPECTED TO OPERATE. THE DEPARTMENT ADVISED FURTHER:

"B. PARAGRAPH 3.6.9.12.7 STATES THE REQUIRED REFRIGERATION COMPRESSOR RATING AT 60,000 BTU PER HOUR AT THE AMBIENT CONDITIONS OF PARAGRAPH 3.6.9.2 (110 DEGREES F DRY BULB TEMPERATURE) AND A 20 DEGREES F SUCTION TEMPERATURE. THIS PARAGRAPH ALSO REQUIRED THAT THE REFRIGERATION COMPRESSOR HAVE A MINIMUM DISPLACEMENT OF 35 CUBIC FEET PER MINUTE WHILE BEING OPERATED AT 1700 RP (IT DEFINED THE MINIMUM COMPRESSOR CAPACITY IN BOTH TERMS OF COMPRESSOR GAS HANDLING ABILITY AND IN BTU PER HOUR. THE ACTUAL DISPLACEMENT REQUIRED AND THE COMPRESSOR RATING IN BTU PER HOUR ARE INTERRELATED WITH THE SECTION TEMPERATURE AND THE CONDENSING TEMPERATURE.)

"C. PARAGRAPHS 3.6.9.13 AND 3.6.9.24 REQUIRE THAT THE CONDENSER AND CONDENSER FAN BE SIZED TO MAINTAIN THE CONDENSING TEMPERATURE BELOW 140 DEGREES F UNDER AMBIENT CONDITIONS OF PARAGRAPH 3.6.9.2 (MAXIMUM LOAD CONDITIONS OF 110 DEGREES F DRY BULB TEMPERATURE). PARAGRAPH 3.6.9.24 FURTHER STATES THAT FANS SHALL BE DESIGNED TO GIVE DESIRED CAPACITIES WITH THE ENGINE OPERATING AT 1700 RPM.

"D. PARAGRAPH 3.6.9.25 REQUIRES THE EVAPORATOR BLOWER (FOR VEHICLE INTERIOR COOLING) TO BE BELT DRIVEN (FROM THE ENGINE) TO OBTAIN 1200 CFM AIR FLOW WHEN THE ENGINE IS OPERATED AT 1700 RPM.

"E. PARAGRAPH 3.6.9.28 REQUIRES THAT THE AIR COMPRESSOR (SUIT COOLING SYSTEM BLOWER) HAVE A CAPACITY TO SUPPLY 100 CFM OF AIR AT 4 PSIG TO THE PILOTS. PARAGRAPH 3.6.9.28 FURTHER STATES THAT THE BLOWER SHALL HAVE THE ABOVE CAPACITY AT AN ENGINE SPEED OF 1700 RPM. (IT SHOULD BE NOTED THAT SECTION 2 OF PARAGRAPH 3.6.9.2, DESIGN CONDITIONS, REQUIRES THAT THE SUIT SYSTEM HAVE THE CAPACITY TO PROCESS 100 CFM OF AIR UNDER AMBIENT CONDITIONS OF 110 DEGREES F DRY BULB TEMPERATURE. THIS DEFINES THE DESIGN LOAD OF THE SYSTEM AND SINCE 1700 RPM IS THE ONLY ENGINE SPEED AT WHICH THE BLOWER WILL PRODUCE 100 CFM, OBVIOUSLY THE REFRIGERATION COMPRESSOR MUST BE CAPABLE OF REACHING THE REQUIRED RATING OF 60,000 BTU PER HOUR AT 1700 RPM. FURTHER SINCE THE LOAD ON THE SUIT SYSTEM IS A FUNCTION OF THE AIR FLOW, INCREASING THE ENGINE SPEED TO 2100 RPM WOULD INCREASE THE AIR FLOW AND THUS THE LOAD BY A FACTOR OF APPROXIMATELY 21/17 ).

"F. PARAGRAPH 3.6.9.36 AS MODIFIED IN THE IFB REQUIRED AN ENGINE RATED AT 28 HP CONTINUOUS DUTY AT 1700 RPM.

"G. PARAGRAPH 3.6.9.36.5 REQUIRES A POWER TAKEOFF ON THE FRONT OF THE ENGINE OF AT LEAST 10 HP CAPACITY AT 1700 RPM.'

IN VIEW OF THE REPORTED INTERRELATIONSHIP OF THE GAS DISPLACEMENT AT 1700 R.P.M. AND THE B.T.U. PER HOUR WITH THE SUCTION AND CONDENSING TEMPERATURES AND THE FACT THAT 1700 R.P.M. IS A CRITICAL FACTOR IN CONNECTION WITH THE OPERATION OF ASSOCIATED EQUIPMENT, IT APPEARS THAT BIDDERS SHOULD HAVE UNDERSTOOD THAT THE COMPRESSOR CAPACITY RATING WOULD BE MADE AT 1700 R.P.M., AND IF DESPITE THE REPEATED REFERENCES TO 1700 R.P.M. AND BIDDER HAD DOUBTS IN THE MATTER, THE ISSUE COULD HAVE BEEN RESOLVED READILY BY REFERENCE TO THE CONTRACTING OFFICER FOR CLARIFICATION PRIOR TO BIDDING.

WITH RESPECT TO YOUR SECOND CONTENTION, THE CONTRACTING AGENCY HAS ADVISED THAT THE OPERATING CONDITION OF 62,000 B.T.U. PER HOUR AT 30 DEGREES F. SUCTION TEMPERATURE ALLOWS NO MARGIN FOR INEFFICIENCY, OVERLOAD, AND EQUIPMENT DETERIORATION AND THAT OPENING THE DOORS OF THE VAN TO PICK UP OR DISCHARGE PERSONNEL WOULD INCREASE THE LOAD ABOVE THIS VALUE, THUS OVERLOADING THE COMPRESSOR AND CAUSING THE HUMIDITY OF THE PILOTS' SUIT-SYSTEM AIR TO RISE ABOVE AN ACCEPTABLE VALUE. BUT, IN ANY EVENT, EVEN IF THE OPERATING CONDITION IS MET, THE DATE FURNISHED BY RECONY FAILED TO MEET THE RATE CAPACITY REQUIREMENT. AND IN THIS REGARD THE INVITATION SPECIFIED THAT CERTAIN ENUMERATED ITEMS OF EQUIPMENT, THE COMPRESSOR AMONG THEM, WOULD BE EVALUATED ON THE BASIS OF SUBMITTED DESCRIPTIVE DATA AND THAT FAILURE OF THE DESCRIPTIVE DATA TO SHOW THAT THE PRODUCT OFFERED CONFORMED TO ALL THE SPECIFICATION REQUIREMENTS WOULD REQUIRE REJECTION OF THE BID.

IN SUPPORT OF YOUR THIRD CONTENTION THAT RECONY'S BLANKET OFFER SHOULD OVERCOME DEFECTS IN THE CAPACITY DATA SUBMITTED WITH ITS BID, YOU REFER TO 37 COMP. GEN. 143 AND 36 ID. 102. IT IS TRUE THAT THOSE CASES GENERALLY STAND FOR THE PROPOSITION THAT DEFECTS IN MEETING THE DESCRIPTIVE LITERATURE REQUIREMENTS MAY BE WAIVED AS AN INFORMALITY. HOWEVER, THAT RULE IS NOT FOR APPLICATION, IN A CASE SUCH AS THIS, WHERE THE INVITATION SPECIFICALLY PROVIDES THAT THE DESCRIPTIVE DATA WILL BE CONSIDERED IN THE EVALUATION OF BIDS. 36 COMP. GEN. 415 AND 40 ID. 132.

IN THE CIRCUMSTANCES, WE SEE NO OBJECTION TO THE REJECTION OF THE RECONY BID ON THE BASIS OF NONRESPONSIVENESS.

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