B-152960, JAN. 28, 1964

B-152960, JAN. 28, 1964

TO WHITE PLAINS ELECTRICAL SUPPLY COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 22, 1963, PROTESTING THE ALLEGED RESTRICTIVENESS OF SPECIFICATIONS FOR LIGHTING FIXTURES UNDER INVITATION FOR BIDS NO. 251/168/64, ISSUED BY THE PUGET SOUND NAVAL SHIPYARD.

THE ABOVE INVITATION WAS ISSUED OCTOBER 31, 1963, AND REQUESTED BIDS TO BE OPENED NOVEMBER 21, 1963, FOR FURNISHING 82 "LIGHTING FIXTURES, FLUORESCENT TYPE, NON-WATERTIGHT, (LESS LAMPS). 80 WATT, TO BE MINK DAYTON, INC. CATALOG NO. C11099, DRAWING NO. 55G1774 OR EQUAL, EXCEPT WITH CORNING E-C NO. 70 GLASS LENS WITH THE RADIATED RADIO INTERFERENCE SHIELDING GROUNDED TO FIXTURE IN LIEU OF PLASTIC LENS.' DETAILED TECHNICAL REQUIREMENTS FOR THE FIXTURES WERE SET FORTH ON PAGES 3 AND 4 OF THE SCHEDULE.

THE INVITATION CONTAINS ON PAGE 1 THE FOLLOWING PROVISION:

"QUESTIONS CONCERNING THE SPECIFICATIONS OR OTHER PROVISIONS OF THIS INVITATION FOR BIDS, OR ANY SUGGESTED CHANGES THEREIN, MUST BE DIRECTED TO THE CONTRACTING OFFICER, CODE 530, PUGET SOUND NAVAL SHIPYARD, BREMERTON, WASHINGTON, BEFORE THE TIME SET FOR OPENING OF BIDS. IN ORDER TO INSURE PROPER CONSIDERATION BEFORE OPENING OF BIDS, ALL QUESTIONS OR SUGGESTED CHANGES IN THE SPECIFICATIONS MUST BE RECEIVED BY THE CONTRACTING OFFICER AT LEAST 7 DAYS PRIOR TO THE TIME SET FOR OPENING OF BIDS. QUESTIONS MUST BE SUBMITTED IN WRITING; ORAL QUESTIONS WILL NOT BE SWERED.'

ON PAGE 8 THERE APPEARS THE FURTHER STATEMENT:

"ANY REFERENCED DRAWING SHOULD BE REQUESTED FROM:

SUPPLY OFFICER

CODE 532A

PUGET SOUND NAVAL SHIPYARD

BREMERTON, WASHINGTON"

TWO PROSPECTIVE BIDDERS REQUESTED AND WERE EACH FURNISHED A COPY OF DRAWING NO. 55G1774 WITHIN A WEEK AFTER THE INVITATION WAS ISSUED. YOUR LETTER OF NOVEMBER 18, 1963, REQUESTING A COPY OF THE DRAWING AND AN EXTENSION OF THE BID OPENING DATE WAS RECEIVED AT 3 P.M. ON NOVEMBER 20, THE DAY BEFORE THE SCHEDULED OPENING, AND YOU WERE ADVISED BY RETURN MAIL THAT THE DRAWINGS WERE NOT INCLUDED IN THE BID SET AND WERE NOT AVAILABLE, AND THAT THE OPENING WOULD BE NOVEMBER 21, 1963, AS SCHEDULED. NOVEMBER 21 THE SHIPYARD RECEIVED YOUR LETTER OF NOVEMBER 19, REQUESTING THAT THE PROCUREMENT BE READVERTISED DUE TO THE ALLEGED RESTRICTIVENESS OF THE INVITATION IN SPECIFYING A SHORT DELIVERY PERIOD AND NOT FURNISHING SUFFICIENT INFORMATION TO FULLY IDENTIFY THE PRODUCT.

WITH REFERENCE TO TIME OF DELIVERY, THE RECORD SHOWS THAT THE ORIGINAL 35 DAY PERIOD, TO WHICH YOU APPARENTLY OBJECTED, WAS EXTENDED TO 100 DAYS BY AMENDMENT NO. 1 DATED NOVEMBER 14, COPIES OF WHICH WERE AIR MAILED TO THE EASTERN FIRMS.

THE PURCHASING OFFICE REPORTS THAT THE STATEMENT TO YOU THAT THE DRAWING WAS NOT AVAILABLE WAS A CLERICAL ERROR. HOWEVER, EVEN IF A COPY HAD BEEN SENT TO YOUR IN RESPONSE TO YOUR REQUEST, IT WOULD HAVE SERVED NO PURPOSE, SINCE IT WOULD NOT HAVE BEEN RECEIVED IN TIME FOR YOU TO SUBMIT A BID. THIS WAS DUE TO YOUR FAILURE TO COMPLY WITH THE REQUIREMENT OF THE INVITATION THAT ALL QUESTIONS IN CONNECTION WITH THE SPECIFICATIONS MUST BE RECEIVED BY THE CONTRACTING OFFICER AT LEAST SEVEN DAYS PRIOR TO THE TIME SET FOR OPENING OF BIDS. REGARDLESS OF THAT REQUIREMENT, YOUR FAILURE TO REQUEST THE DRAWING UNTIL TWO DAYS BEFORE OPENING, ALTHOUGH THE INVITATION WAS ISSUED THREE WEEKS IN ADVANCE, APPEARS TO HAVE BEEN SUCH A LACK OF ORDINARY DILIGENCE THAT IT WOULD BE WHOLLY UNREASONABLE TO INTERFERE WITH THE GOVERNMENT'S PROCUREMENT OF THE NEEDED ARTICLES MERELY BECAUSE YOU FAILED TO RECEIVE THE DESIRED INFORMATION IN TIME TO SUBMIT A BID.

FOR THE REASONS STATED, WE CONCLUDE THAT THE SPECIFICATIONS WERE NOT UNDULY RESTRICTIVE AND THAT THE CONTRACTING OFFICER WAS JUSTIFIED IN NOT READVERTISING OR EXTENDING THE BID OPENING DATE. YOUR PROTEST MUST THEREFORE BE DENIED.