B-154455, AUG. 11, 1964

B-154455, AUG. 11, 1964

TO PHAOSTRON INSTRUMENT AND ELECTRONIC COMPANY:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED JUNE 15, 1964, PROTESTING THE AWARD OF ANY CONTRACT TO THE APPARENT LOW BIDDER ON ITEM 17, INVITATION FOR BIDS NO. FPNME-Z-63994-A-6-1/64 (A-5-25-64), ISSUED BY GENERAL SERVICES ADMINISTRATION. YOUR LETTER DATED JUNE 8, 1964, TO THAT AGENCY SHOWS THE BASIS OF YOUR PROTEST TO BE THAT THE LOW BIDDER DID NOT MEET THE SPECIAL REQUIREMENTS OF NOTE (A) UNDER ITEM 17 OF THE INVITATION AND PARAGRAPHS 4.2, 4.3, 4.4 OR 4.5 OF OCD-M 151 (OFFICE OF CIVIL DEFENSE STANDARD ITEM SPECIFICATION).

THE INVITATION WAS ISSUED ON MAY 4, 1964, AND OPENED MAY 25, FOR ELECTRONIC TEST AND SHOP EQUIPMENT. WESTON INSTRUMENTS AND ELECTRONICS, WESTERN INSTRUMENTS, INC., WAS THE LOW BIDDER ON ITEM 17, INDICATING METER FOR RADIOLOGICAL SURVEY METERS.

ITEM 17 OF THE INVITATION SETS FORTH THE REQUIREMENT THAT THE PROCUREMENT BE IN ACCORDANCE WITH THE OFFICE OF CIVIL DEFENSE STANDARD ITEM SPECIFICATION OCD-M-151 DATED JULY 1, 1963, AND AMENDMENT NO. 1 DATED APRIL 1, 1964. SPECIAL REQUIREMENT NOTE (A) OF THIS ITEM STATES THAT THE BIDDER MUST CERTIFY FULL COMPLIANCE WITH THE QUALIFICATION AND QUANTITY ASSURANCE PROVISIONS OF PARAGRAPH 4 OF THIS SPECIFICATION WITH AN ADDED NOTATION TO THE EFFECT THAT SPECIFICATION PARAGRAPH 4.5 REQUIRES THE VENDOR TO BE INCLUDED ON QUALIFIED PRODUCTS LIST QPL 10304-25 (LATEST AMENDMENT). THE PRINCIPAL POINT RAISED BY YOUR PROTEST THUS APPEARS TO BE THE ALLEGED NONCOMPLIANCE WITH THIS REQUIREMENT.

FEDERAL PROCUREMENT REGULATION (FPR) 1-1.1101 PROVIDES THAT WHENEVER PROCUREMENT OF QUALIFIED PRODUCTS IS TO BE MADE, ONLY BIDS OR PROPOSALS OFFERING PRODUCTS WHICH HAVE BEEN QUALIFIED PRIOR TO THE OPENING OF ADVERTISED BIDS OR THE AWARD OF NEGOTIATED CONTRACTS SHALL BE CONSIDERED IN MAKING AN AWARD. PARAGRAPH 4.5 OF SPECIFICATION OCD-M 151, DATED JULY 1, 1963, PROVIDES THAT ONLY VENDORS WHO ARE LISTED ON QPL-10304-25, AMENDMENT 3, MAY 25, 1962, ARE ELIGIBLE TO PROVIDE THE INDICATING METER SPECIFIED THEREIN. THAT QPL WAS REPLACED BY QPL 10304-26, WHICH IN TURN WAS REPLACED BY QPL-10304-27. THE RECORD SHOWS THAT WESTON INSTRUMENTS AND ELECTRONICS, DIVISION OF DAYSTROM, INC., WAS GRANTED QUALIFICATION ON QPL-10304-27 (LATEST AMENDMENT) PRIOR TO THE DATE OF OPENING OF THE ADVERTISED BIDS BY LETTER DATED MAY 1, 1964, FROM THE DEFENSE ELECTRONICS SUPPLY CENTER. THE RECORD SHOWS FURTHER THAT THE SPECIAL REQUIREMENTS WERE REQUESTED FOR THE PURPOSE OF SECURING SUFFICIENT INFORMATION UPON WHICH THE CONTRACTING OFFICER COULD ASCERTAIN THAT THE LOW BIDDER HAS MANUFACTURED RUGGEDIZED METERS IN ACCORDANCE WITH MIL-M-10304B. THE RECORD ALSO SHOWS THAT WESTON INCLUDED WITH ITS BID A LETTER DATE MAY 21, 1964, IN WHICH IT CERTIFIED FULL COMPLIANCE WITH THE QUALIFICATION AND QUALITY ASSURANCE PROVISIONS OF SPECIFICATION, PARAGRAPH 4, AND THAT SUCH CERTIFICATION WAS IN FULL COMPLIANCE WITH THE REQUIREMENTS OF ITEM 17 OF THE INVITATION AND MIL-M-10304B.

THERE IS NO DOUBT THAT WESTON'S PRODUCT WAS PROPERLY QUALIFIED AND THAT WESTON WAS THEREFORE CLEARLY IN FULL COMPLIANCE WITH THE SPECIFICATION REQUIREMENT SET FORTH IN PARAGRAPH 4.5 OF OCD-M-151 AS CITED ABOVE.

PARAGRAPH 4.2, 4.3 AND 4.4 OF OCD-M-151, CITED IN YOUR LETTER, RELATE TO SAMPLING INSPECTION, AND QUALITY CONTROL AND CALIBRATION SYSTEMS. AFTER COMPLIANCE WITH QUALIFIED PRODUCTS LIST REQUIREMENTS, THE REMAINING PARAGRAPHS ARE MATTERS OF RESPONSIBILITY. SINCE IT IS THE ADMINISTRATIVE VIEW THAT WESTON WAS FULLY CAPABLE OF MEETING THE INVITATION REQUIREMENTS, THERE IS NO LEGAL BASIS ON WHICH THIS OFFICE COULD OBJECT TO THE AWARD TO WESTON INSTRUMENTS, INC. ..END :