B-166583, JUN. 23, 1969

B-166583, JUN. 23, 1969

TO SERVICON, INCORPORATED:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 31, 1969, PROTESTING AGAINST THE AWARD OF A CONTRACT TO ANOTHER CONCERN UNDER ADVERTISED SOLICITATION NO. WA-NX-R-1951-3-27-69, ISSUED ON MARCH 7, 1969, BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION (GSA).

THE INVITATION SOLICITED BIDS FOR A REQUIREMENTS CONTRACT FOR INDUSTRIAL GROUP 721 - INDUSTRIAL CLASS 7217, GROUP A - CLEANING OF RUGS AND CARPETS AND GROUP B - REPAIR, ALTERATION AND INSTALLATION SERVICES ON (NEW AND USED) RUGS, CARPETS AND CARPET UNDERLAYMENTS (FURNISHED BY THE GOVERNMENT). THE CONTRACT IS TO RUN FOR THE PERIOD JUNE 1, 1969 (OR DATE OF AWARD IF LATER), THROUGH MAY 31, 1970. GSA ADVISES THAT AN AWARD HAS NOT BEEN MADE.

PAGE 11,"SCOPE OF CONTRACT," PROVIDES THAT THE PROCUREMENT IS FOR THE NORMAL SUPPLY REQUIREMENTS OF ALL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS, INCLUDING WHOLLY-OWNED GOVERNMENT CORPORATIONS IN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT FOR DELIVERY WITHIN 8 SPECIFIED AREAS.

PARAGRAPH 16 ON PAGE 16 OF THE SPECIAL PROVISIONS OF THE SOLICITATION PROVIDES: "PRE-AWARD INSPECTION: TO BE CONSIDERED FOR AWARD, BIDDER MUST BE REGULARLY ENGAGED IN RUG CLEANING AND/OR RUG AND CARPET REPAIR, ALTERATION AND INSTALLATION SERVICES AND MUST HAVE ADEQUATE EQUIPMENT AND FINANCIAL RESPONSIBILITY TO CARRY OUT ALL OF THE TERMS AND CONDITIONS OF THE CONTRACT OR MUST SATISFY THE CONTRACTING OFFICER THAT SUCH CRITERIA WILL BE MET PRIOR TO THE COMMENCEMENT OF THE CONTRACT PERIOD. THE ESTABLISHMENT/S), EQUIPMENT, AND FINANCIAL RESPONSIBILITY OF THE BIDDER, INCLUDING THOSE OF CONTEMPLATED SUBCONTRACTORS, WILL BE SUBJECT TO PRE- AWARD INSPECTION. BID MAY BE REJECTED IF FACILITIES, EQUIPMENT, OR TOOLS, AND/OR FINANCIAL RESPONSIBILITY ARE DETERMINED INADEQUATE FOR THE PROPER PERFORMANCE OF THE SERVICES COVERED BY THIS SOLICITATION.'

PARAGRAPH (C) ON PAGE 17 OF THE SOLICITATION UNDER GROUP A ENTITLED "CLEANING AT CONTRACTOR'S PLANT" PROVIDES: "RUGS OR CARPETS SHALL BE THOROUGHLY AND SAFELY CLEANED BY PROCESSING THROUGH A RUG-DUSTING MACHINE TO REMOVE ALL IMBEDDED FOREIGN MATTER. RUGS AND CARPETS SHALL BE CLEANED WITH A DRY CLEANING SOLVENT OR POWDER OR CLEANED AND/OR SHAMPOOED WITH A COMPLETELY SYNTHETIC DETERGENT AND THOROUGHLY RINSED. THE CLEANING AND SHAMPOOING PROCESS SHALL REMOVE ALL VISIBLE DIRT, GRIME AND SOILED SPOTS FROM RUGS OR CARPETS LEAVING THEM FREE FROM RESIDUAL FOREIGN MATTER. STAINS SHALL BE REMOVED IF IT CAN BE ACCOMPLISHED BY AN ACCEPTED CLEANING METHOD WHICH WILL NOT DAMAGE THE SERVICEABILITY OR MAR THE APPEARANCE OF THE RUG OR CARPET. RUGS OR CARPETS SHALL BE THOROUGHLY DRIED. CLEANING AND SHAMPOOING SHALL NOT CAUSE MORE THAN A FIVE (5) PERCENT SHRINKAGE OF THE RUG OR CARPET IN EITHER WIDTH OR LENGTH, EXCEPT THAT FOR AXMINSTER RUGS OR CARPETS NOT MORE THAN TEN (10) PERCENT WILL BE PERMITTED IN THE LENGTH AND IN ALL CASES, IT SHALL NOT ADVERSELY AFFECT APPEARANCE OR DURABILITY. CLEANING SHALL INCLUDE SIZING WHERE REQUIRED. THE CONTRACTOR IS FULLY RESPONSIBLE FOR THE CORRECTION OF ANY DAMAGE OR FAULTY WORKMANSHIP CAUSED BY THE CONTRACTOR'S METHOD OR WORKMEN.'

YOUR LETTER OF MARCH 31, 1969, STATES THAT A PRE-AWARD INSPECTION OF THE LOW BIDDER, DURACLEAN AARONROD COMPANY, AS SPECIFIED IN PARAGRAPH 16 OF THE SPECIAL PROVISIONS WILL REVEAL THAT THIS BIDDER CANNOT COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (C) OF GROUP A,"CLEANING AT CONTRACTOR'S PLANT.'

A REVIEW OF THE FILE INDICATES THAT A PLANT FACILITIES REPORT ON DURACLEAN PREPARED BY THE FEDERAL SUPPLY SERVICE, GSA, CONCLUDED THAT THIS BIDDER WAS CAPABLE OF PERFORMING A CONTRACT FOR THIS PROCUREMENT; CONSEQUENTLY, THIS REPORT RECOMMENDED THAT AWARD BE MADE TO DURACLEAN. REPORT DATED APRIL 21, 1969, FROM THE CHIEF, CREDIT AND FINANCE BRANCH, GSA, INDICATES THAT THE FINANCIAL STATUS OF THE LOW BIDDER IS SATISFACTORY.

WHETHER DURACLEAN CAN MEET THE REQUIREMENTS OF PARAGRAPH (C) UNDER GROUP A, QUOTED ABOVE, IS A QUESTION OF FACT WHICH RELATES TO THE CAPABILITY OF THE PROSPECTIVE CONTRACTOR TO PERFORM A CONTRACT FOR THIS PROCUREMENT. THE PRE-AWARD SURVEY OF THE LOW BIDDER FOUND THAT THIS BIDDER HAS THE CAPABILITY OF PERFORMING IN ACCORDANCE WITH CONTRACT REQUIREMENTS. IT IS WELL ESTABLISHED THAT FACTUAL DETERMINATIONS BY THE ADMINISTRATIVE AGENCY REGARDING A BIDDER'S CAPABILITY OF PERFORMING IN ACCORDANCE WITH CONTRACT REQUIREMENTS WILL BE ACCEPTED BY OUR OFFICE IN THE ABSENCE OF EVIDENCE THAT SUCH A DETERMINATION WAS BASED UPON ERROR, FRAUD OR FAVORITISM. SEE 46 COMP. GEN. 371 AND B-163459, APRIL 19, 1968.

THE UNSUPPORTED CONTENTION IN YOUR LETTER OF MARCH 31, 1969, DOES NOT ESTABLISH THAT THE FINDINGS IN THE PRE-AWARD SURVEY WERE ERRONEOUS, FRAUDULENT OR BASED ON FAVORITISM; CONSEQUENTLY, ON THE BASIS OF THE RECORD PRESENTED, OUR OFFICE WOULD NOT BE JUSTIFIED IN QUESTIONING THE DETERMINATION THAT THE LOW BIDDER HAS THE CAPABILITY OF PERFORMING A CONTRACT FOR THIS PROCUREMENT.