B-162120, SEP. 18, 1967

B-162120, SEP. 18, 1967

BIDS - DEVIATIONS - IN OTHER THAN BID DECISION TO STANCO MIDWEST SALES, INC. CONCERNING PROTEST AGAINST REJECTION OF BID FOR THREE TRUCK CRANES BY DEFENSE CONSTRUCTION SUPPLY CENTER. LOW BIDDER WHO INDICATED IN A SHEET ATTACHED TO A BID FOR CRANES THAT "NO HYDRAULIC OUTRIGGERS NEEDED" WHEN SPECIFICATIONS CALLED FOR HYDRAULIC OUTRIGGERS HAD BID PROPERLY REJECTED SINCE REASONABLE INTERPRETATION OF NOTATION IS THAT OUTRIGGERS WERE NOT GOING TO BE FURNISHED.

TO STANCO MIDWEST SALES, INC.:

THIS IS IN REFERENCE TO YOUR LETTER OF JULY 24, 1967, IN WHICH YOU PROTEST AN AWARD MADE UNDER INVITATION FOR BIDS (IFB) NO. DSA-700-67-B 5381 ISSUED BY THE DEFENSE CONSTRUCTION SUPPLY CENTER, COLUMBUS, OHIO, ON MAY 5, 1967. THE IFB LISTED A REQUIREMENT FOR THREE TRUCK CRANES, GAS POWERED, 360 DEGREES ROTATING BOOM, PNEUMATIC RUBBER TIRES, TO BE DROTT MANUFACTURING CORPORATION, GO-DEVIL MODEL 85RM2 OR EQUAL. IN ACCORD WITH THE PROVISIONS OF PARAGRAPH 1-1206.2 (B) OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR), WHICH STATES THAT "-BRAND NAME OR EQUAL- PURCHASE DESCRIPTIONS SHOULD SET FORTH THOSE SALIENT PHYSICAL, FUNCTIONAL, OR OTHER CHARACTERISTICS OF THE REFERENCED PRODUCTS WHICH ARE ESSENTIAL TO THE NEEDS OF THE GOVERNMENT," ELEVEN SALIENT FEATURES OF THE GO-DEVIL MODEL 85RM2, INCLUDING A SPECIFICATION FOR HYDRAULIC OUTRIGGERS, WERE ALSO DESCRIBED.

OF THE THREE BIDS RECEIVED ON MAY 23, 1967, YOUR BID WAS LOWEST; HOWEVER, BEFORE ANY AWARD COULD BE MADE A TECHNICAL EVALUATION OF THE OFFERS HAD TO BE COMPLETED BY THE NAVAL SUPPLY SYSTEMS COMMAND, WASHINGTON, D.C. BY LETTER DATED JUNE 23, 1967, THE COMMAND ADVISED THAT YOUR SUBMISSION WAS UNACCEPTABLE BECAUSE OF ITS FAILURE TO PROVIDE THE REQUIRED HYDRAULIC OUTRIGGERS, WHICH WERE CONSIDERED ESSENTIAL IN MAINTAINING COMPLETE STABILITY OF THE CRANES DURING LIFTING OPERATIONS, AND THEREFORE LISTED AS A SALIENT CHARACTERISTIC IN THE IFB. APPARENTLY THIS CONCLUSION WAS DEDUCED FROM AN EXAMINATION OF A SHEET ATTACHED TO YOUR BID WHICH STATED "NO HYDRAULIC OUTRIGGERS NEEDED.' WE BELIEVE THE COMMAND REASONABLY INTERPRETED THIS STATEMENT AS EVIDENCING YOUR INTENTION NOT TO FURNISH THE DESIRED OUTRIGGERS.

PARAGRAPH 2-404.2 (A) OF THE ARMED SERVICES PROCUREMENT REGULATION PROVIDES AS FOLLOWS:

"ANY BID WHICH DOES NOT CONFORM TO THE ESSENTIAL REQUIREMENTS OF THE INVITATION FOR BIDS SHALL BE REJECTED.' IN VIEW THEREOF WE MUST CONCLUDE THAT THE REJECTION OF YOUR BID WAS IN ACCORD WITH THE APPLICABLE PROCUREMENT REGULATION, AND YOUR PROTEST MUST THEREFORE BE DENIED.