B-149623, NOV. 27, 1962
Highlights
TO THE GROVE MANUFACTURING COMPANY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 30. YOUR BID UNDER THE INVITATION WAS REJECTED BECAUSE THE HYDRAULIC SYSTEM OF THE CRANE OFFERED IN SUCH BID DID NOT MEET ONE OF THE ESSENTIAL REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS. FOR THE HYDRAULIC SYSTEM OF THE CRANE WHICH THE GOVERNMENT PROPOSED TO PURCHASE WAS UNNECESSARY FOR THE ACCOMPLISHMENT OF THE WORK INTENDED TO BE PERFORMED WITH THE USE OF THE CRANE. IS EQUAL TO AND BETTER THAN THE HIGHER PRESSURE DESIGN AS CALLED FOR IN THE ADVERTISED SPECIFICATIONS AND WHICH WAS OFFERED BY THE BUCYRUS ERIE COMPANY. YOU NOW STATE THAT YOU ARE FURNISHING CRANES TO THE MILITARY DEPARTMENTS AND SOME OF THIS EQUIPMENT IS BEING USED ON BOARD SHIPS TO HANDLE EVERYTHING FROM AMMUNITION TO MISSILES.
B-149623, NOV. 27, 1962
TO THE GROVE MANUFACTURING COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 30, 1962, COMMENTING ON OUR DECISION OF OCTOBER 15, 1962, WHICH DENIED YOUR PROTEST AGAINST AN AWARD OF A CONTRACT TO THE BUCYRUS-ERIE COMPANY UNDER INVITATION FOR BIDS NO. FNVM-H-42253-A-6-5-62 ISSUED BY THE GENERAL SERVICES ADMINISTRATION ON MAY 22, 1962.
YOUR BID UNDER THE INVITATION WAS REJECTED BECAUSE THE HYDRAULIC SYSTEM OF THE CRANE OFFERED IN SUCH BID DID NOT MEET ONE OF THE ESSENTIAL REQUIREMENTS OF THE ADVERTISED SPECIFICATIONS. YOU PROTESTED ON THE BASIS OF YOUR BELIEF THAT THE SPECIFIED RATING OF 6,600 P.S.I. (POUNDS PER SQUARE INCH), FOR THE HYDRAULIC SYSTEM OF THE CRANE WHICH THE GOVERNMENT PROPOSED TO PURCHASE WAS UNNECESSARY FOR THE ACCOMPLISHMENT OF THE WORK INTENDED TO BE PERFORMED WITH THE USE OF THE CRANE. YOU CONTENDED THAT THE GROVE DESIGN USING 2,000 P.S.I. IS EQUAL TO AND BETTER THAN THE HIGHER PRESSURE DESIGN AS CALLED FOR IN THE ADVERTISED SPECIFICATIONS AND WHICH WAS OFFERED BY THE BUCYRUS ERIE COMPANY, THE SUCCESSFUL BIDDER. YOU NOW STATE THAT YOU ARE FURNISHING CRANES TO THE MILITARY DEPARTMENTS AND SOME OF THIS EQUIPMENT IS BEING USED ON BOARD SHIPS TO HANDLE EVERYTHING FROM AMMUNITION TO MISSILES. ALSO, YOU STATE THAT YOU WOULD BE HAPPY TO DEMONSTRATE TO US THE ABILITY OF THE GROVE MODEL "TO POSITIVELY AND WITH PRECISION HANDLE OR DEPOSIT ANY LOAD WITHIN TOLERANCES THAT BUCYRUS-ERIE CAN MEET.'
AS INDICATED IN OUR DECISION OF OCTOBER 15, 1962, THE QUESTION AS TO WHETHER A CRANE WITH A HIGH PRESSURE HYDRAULIC SYSTEM WOULD MOST ADEQUATELY MEET THE NEEDS OF THE ATOMIC ENERGY COMMISSION, THE GOVERNMENT AGENCY WHICH REQUISITIONED THE CRANE, WAS CLEARLY A MATTER FOR DETERMINATION BY THE ATOMIC ENERGY COMMISSION AND NOT BY OUR OFFICE. THERE IS NO LEGAL REQUIREMENT THAT THE GOVERNMENT PURCHASE EQUIPMENT OF A PARTICULAR TYPE MERELY BECAUSE IT IS OFFERED AT A LOWER PRICE; NOR IS THE GOVERNMENT TO BE PLACED IN A POSITION OF ALLOWING BIDDERS TO DICTATE SPECIFICATIONS WHICH WILL PERMIT ACCEPTANCE OF EQUIPMENT WHICH DOES NOT, IN THE CONSIDERED JUDGMENT OF THE CONTRACTING OR REQUISITIONING AGENCY, REASONABLY MEET THE AGENCY'S NEEDS.
ACCORDINGLY, WE REMAIN OF THE OPINION THAT WE WOULD NOT BE WARRANTED IN TAKING EXCEPTION TO THE CONTRACT AWARD TO THE BUCYRUS-ERIE COMPANY IN THIS CASE.