B-169758, JUL. 9, 1970

B-169758, JUL. 9, 1970

CONTRACTS -- BID PROTEST -- FAILURE OF BIDDER TO RECEIVE IFB DECISION TO CHLORINATED SALES COMPANY, BALTIMORE, MD. DENYING PROTEST AGAINST THE AWARD OF A CONTRACT TO ANOTHER FIRM FOR FURNISHING SODIUM HYPOCHLORITE TO THE GENERAL SERVICES ADMINISTRATION FOR FEDERAL SUPPLY SERVICE REQUIREMENTS. A FIRM WHO FAILED TO RECEIVE AN INVITATION FOR A PROCUREMENT NOTWITHSTANDING THAT THE FIRM'S NAME WAS ON A HAND LIST AS DISTINGUISHED FROM THE AUTOMATIC LIST, AND SHOULD HAVE RECEIVED A BID NOTICE, HAS NOT PRESENTED ANY BASIS FOR QUESTIONING OF AN AWARD TO THE LOW BIDDER WHEN THE PROCUREMENT WAS SYNOPSIZED AND THERE IS NOT EVIDENCE OF ANY INTENT TO EXCLUDE THE FIRM FROM PARTICIPATING IN THE BIDDING.

TO CHLORINATED SALES COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 7, 1970, PROTESTING AGAINST THE AWARD OF A CONTRACT TO ANOTHER FIRM, FOR ITEMS 3 AND 11 UNDER INVITATION FOR BIDS NO. FPNGG-X-70819-RA-4-29-70, ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA) ON APRIL 7, 1970.

THE ABOVE SOLICITATION WAS FOR THE FEDERAL SUPPLY SERVICES NORMAL SUPPLY REQUIREMENTS FOR 19 ITEMS OF SODIUM HYPOCHLORITE FOR THE PERIOD JUNE 1, 1970, OR DATE OF AWARD (WHICHEVER WAS LATER), THROUGH MAY 31, 1971. BIDS WERE OPENED ON APRIL 29, 1970, AND THREE BIDS WERE RECEIVED ON ITEM 3 AND FOUR BIDS WERE RECEIVED ON ITEM 11. PUREX CORPORATION, LTD. (PUREX) WAS THE LOW BIDDER FOR ITEMS 3 AND 11, WHICH REQUIRED DELIVERY OF AN ESTIMATED 11,500 AND 23,500 UNITS, RESPECTIVELY, TO FRANCONIA, VIRGINIA.

YOU PROTEST THE AWARD ON THE BASIS THAT YOU HAD BEEN ANXIOUSLY AWAITING THE OPPORTUNITY TO BID ON THE PROCUREMENT BUT YOU DID NOT RECEIVE AN INVITATION TO BID. WE ARE ADVISED BY GSA THAT AT THE TIME THE SOLICITATION WAS ISSUED ON APRIL 7, COPIES WERE FORWARDED TO THOSE BUSINESS FIRMS WHOSE NAMES APPEARED ON GSA'S AUTOMATED BIDDER'S LIST AS OF NOVEMBER 1969 UNDER THE HEADINGS OF "CHEMICALS, LAUNDRY AND CLEANING" AND "CHEMICALS, OTHER." YOU WERE NOT ADDED TO THE "CHEMICALS, LAUNDRY AND CLEANING" LIST UNTIL DECEMBER 1969, AND YOU WERE NOT ON THE "CHEMICALS, OTHER" LIST (THE PROPER LIST FOR SUPPLIES COVERED BY THE SUBJECT SOLICITATION) ALTHOUGH WE ARE ADVISED BY GSA THAT STEPS HAVE BEEN TAKEN TO ASSURE THAT YOUR FIRM'S NAME IS ADDED TO THE LATTER LIST. WHILE YOU WERE NOT ON THE AUTOMATED LIST, YOUR NAME DID APPEAR ON A HAND LIST PREPARED BY THE CONTRACTING OFFICER, SINCE HE WAS AWARE THAT YOUR FIRM AND THREE OTHER PROBABLE SUPPLIERS WERE NOT ON THE AUTOMATED LIST. IT IS REPORTED THAT BID SETS WERE MAILED IN THE NORMAL COURSE OF BUSINESS TO THE FIRMS ON THE HAND LIST ON APRIL 13, 1970, AND ONE OF THOSE FIRMS SUBMITTED A BID. PRESUMABLY, THE INVITATION SENT TO YOUR FIRM WAS LOST IN THE MAIL.

THIS OFFICE HAS CONSISTENTLY HELD THAT THE FAILURE OF A BIDDER TO RECEIVE AN INVITATION FOR BIDS DOES NOT ORDINARILY REQUIRE EITHER A RESOLICITATION OF BIDS OR CONSIDERATION OF A BID SUBMITTED AFTER THE TIME FIXED FOR OPENING OF BIDS. 40 COMP. GEN. 126 (1960); 34 COMP. GEN. 684 (1955); B- 167928, DECEMBER 8, 1969; B-168620, FEBRUARY 12, 1970; B-167367, AUGUST 26, 1969; B-168220, NOVEMBER 12, 1969. IN VIEW OF THE FACT THAT THE PRESENT PROCUREMENT WAS PUBLICIZED BY A SYNOPSIS IN THE COMMERCE BUSINESS DAILY AS REQUIRED BY SECTION 1-1.1003 OF THE FEDERAL PROCUREMENT REGULATIONS, COUPLED WITH THE FACT THAT THERE IS NO EVIDENCE OF ANY INTENT TO EXCLUDE YOU FROM PARTICIPATION IN THE BIDDING, WE SEE NO BASIS ON THE PRESENT RECORD TO QUESTION THE AWARD ON ITEMS 3 AND 11 IN THIS PROCUREMENT.

ALTHOUGH IT IS REGRETTABLE THAT YOU DID NOT RECEIVE THE BID SET WHICH WAS MAILED TO YOU, WE HAVE NO ALTERNATIVE IN THE MATTER AND YOUR PROTEST IS THEREFORE DENIED.