B-153160, FEB. 6, 1964
Highlights
INC.: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 27. MULTRONICS WAS THE LOW BIDDER ON ITEMS 1. 2 AND 3 AND AERO GEO ASTRO CORPORATION WAS LOW ON ITEM 4. TRANSPORTATION COSTS FOR MAXIMUM WEIGHTS AND CUBATURE WERE ADDED TO THE LOW BIDS AND THOSE FOR MINIMUM WEIGHTS AND CUBATURE WERE ADDED TO THE NEXT BIDS THAT WERE IN CONTENTION FOR AWARD. AERO GEO ASTRO CORPORATION BECAME FOURTH LOW BIDDER ON ITEM 4 AND WAS DISPLACED AS LOW BIDDER BY DIXON INDUSTRIES. IT WAS CONSIDERED DEFICIENT IN AN ESSENTIAL PART AND IT WAS CANCELED. YOU CONTEND THAT THE AWARD FOR ITEMS 1 THROUGH 3 SHOULD HAVE BEEN MADE TO MULTRONICS. BECAUSE IT WAS THE LOW BIDDER EVEN WITH ITS PRICES EVALUATED TO DESTINATION. OUR OFFICE WILL NOT OBJECT TO THE CANCELLATION OF THE ORIGINAL INVITATION.
B-153160, FEB. 6, 1964
TO MULTRONICS, INC.:
REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 27, 1963, PROTESTING THE CANCELLATION OF INVITATION IFB600-258-64.
THE INVITATION SOLICITED BIDS FOR FURNISHING F.O.B. ORIGIN 50 OHM CONICAL MONOPOLE ANTENNAS. THE BID EVALUATION PROVISION IN THE INVITATION SPECIFIED THAT TRANSPORTATION COSTS TO THE GOVERNMENT FROM POINT OF ORIGIN TO DESIGNATED DESTINATIONS WOULD BE INCLUDED IN THE EVALUATION OF BIDS.
ON THE BASIS OF THE F.O.B. ORIGIN BIDS RECEIVED, MULTRONICS WAS THE LOW BIDDER ON ITEMS 1, 2 AND 3 AND AERO GEO ASTRO CORPORATION WAS LOW ON ITEM 4. THE PROCURING ACTIVITY ASCERTAINED FROM THE NAVAL COMMUNICATION SYSTEM HEADQUARTERS ACTIVITY MINIMUM AND MAXIMUM WEIGHTS AND CUBATURE FOR EACH ANTENNA TYPE. TRANSPORTATION COSTS FOR MAXIMUM WEIGHTS AND CUBATURE WERE ADDED TO THE LOW BIDS AND THOSE FOR MINIMUM WEIGHTS AND CUBATURE WERE ADDED TO THE NEXT BIDS THAT WERE IN CONTENTION FOR AWARD. UNDER THIS METHOD OF EVALUATION, MULTRONICS REMAINED LOW ON ITEMS 1, 2 AND 3; HOWEVER, AERO GEO ASTRO CORPORATION BECAME FOURTH LOW BIDDER ON ITEM 4 AND WAS DISPLACED AS LOW BIDDER BY DIXON INDUSTRIES, INC., WHICH HAD BEEN IN A TIE FOR THIRD PLACE ON THE ORIGIN BASIS. HOWEVER, BECAUSE THE INVITATION FOR BIDS DID NOT REQUIRE BIDDERS TO SUBMIT TRANSPORTATION DATA WITH THEIR BIDS, IT WAS CONSIDERED DEFICIENT IN AN ESSENTIAL PART AND IT WAS CANCELED.
YOU CONTEND THAT THE AWARD FOR ITEMS 1 THROUGH 3 SHOULD HAVE BEEN MADE TO MULTRONICS, INC., BECAUSE IT WAS THE LOW BIDDER EVEN WITH ITS PRICES EVALUATED TO DESTINATION. HOWEVER, THE PROTEST ON THIS BASIS HAS BEEN RENDERED MOOT BY THE ADDITION OF A NEW FACTOR. THE PROCUREMENT ACTIVITY, AS A RESULT OF A REQUEST FROM THE REQUISITIONING ACTIVITY, HAS DECIDED TO CHANGE THE ANTENNA SPECIFICATIONS. IN VIEW OF THE DETERMINATION TO CHANGE THE SPECIFICATIONS, IT WOULD NOT BE APPROPRIATE TO MAKE AN AWARD UNDER THE ORIGINAL INVITATION. SEE 17 COMP. GEN. 554, 559-560.
ACCORDINGLY, OUR OFFICE WILL NOT OBJECT TO THE CANCELLATION OF THE ORIGINAL INVITATION.