B-170912, MAR 8, 1971

B-170912, MAR 8, 1971

BID PROTEST - BID RESPONSIVENESS DECISION DENYING PROTEST BY LOW BIDDER AGAINST AWARD OF CONTRACT TO INFORMATION DISPLAYS, INC., SECOND LOW BIDDER, TO FURNISH AND INSTALL A CATHODE RAY TUBE GRAPHICS DISPLAY SYSTEM UNDER AN IFB ISSUED BY THE PHILADELPHIA NAVAL SHIPYARD. PROTESTANT'S OFFER WHICH FAILED TO COMPLY WITH THE SPECIFICATIONS, OFFERING FEWER LINE STRUCTURES THAN REQUIRED, OFFERING A "WORD COUNTER REGISTER" RATHER THAN A "PROGRAM COUNTER" AND FAILING TO SUBMIT ANY TECHNICAL DATA ON CERTAIN ASPECTS WHICH THE DESCRIPTIVE LITERATURE CLAUSE REQUIRED, WAS PROPERLY FOUND NONRESPONSIVE.

TO VISION SYSTEMS INC.:

REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 28 AND OCTOBER 6, 1970, PROTESTING THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS (IFB) NO. N00151-70-B-5282, ISSUED BY THE PHILADELPHIA NAVAL SHIPYARD, PHILADELPHIA, PENNSYLVANIA.

THE IFB, ISSUED ON JULY 2, 1970, AND AS SUBSEQUENTLY AMENDED, SOLICITED BIDS FOR FURNISHING AND INSTALLING A CATHODE RAY TUBE GRAPHICS DISPLAY SYSTEM IN ACCORDANCE WITH ATTACHED SPECIFICATIONS. THE INVITATION CONTAINED THE FOLLOWING PROVISION RESPECTING DESCRIPTIVE LITERATURE:

"(A) DESCRIPTIVE LITERATURE AS SPECIFIED IN THIS INVITATION FOR BIDS MUST BE FURNISHED AS A PART OF THE BID AND MUST BE RECEIVED BEFORE THE TIME SET FOR OPENING BIDS. THE LITERATURE FURNISHED MUST BE IDENTIFIED TO SHOW THE ITEM IN THE BID TO WHICH IT PERTAINS. THE DESCRIPTIVE LITERATURE IS REQUIRED TO ESTABLISH, FOR THE PURPOSES OF BID EVALUATION AND AWARD, DETAILS OF THE PRODUCTS THE BIDDER PROPOSES TO FURNISH AS TO

A. PROGRAMMABLE MEMORY (SEE PARA. 1.1 AND ALL SUBPARA.)

B. DISPLAY PROCESSOR (SEE PARA. 1.2 AND ALL SUBPARA.)

C. DISPLAY GENERATOR (SEE PARA. 1.3 AND ALL SUBPARA.)

D. DISPLAY CONSOLE (SEE PARA. 1.4 AND ALL SUBPARA.)

E. PROGRAMMING AIDS (SEE PARA. 1.7 AND ALL SUBPARA.)

F. PHYSICAL APPEARANCE (SEE PARA. 1.8.9 AND ALL SUBPARA.)

"(B) FAILURE OF DESCRIPTIVE LITERATURE TO SHOW THAT THE PRODUCT OFFERED CONFORMS TO THE SPECIFICATIONS AND OTHER REQUIREMENTS OF THIS INVITATION FOR BIDS WILL REQUIRE REJECTION OF THE BID. FAILURE TO FURNISH THE DESCRIPTIVE LITERATURE BY THE TIME SPECIFIED IN THE INVITATION FOR BIDS WILL REQUIRE REJECTION OF THE BID, EXCEPT THAT IF THE MATERIAL IS TRANSMITTED BY MAIL AND IS RECEIVED LATE, IT MAY BE CONSIDERED UNDER THE PROVISIONS FOR CONSIDERING LATE BIDS, AS SET FORTH ELSEWHERE IN THIS INVITATION FOR BIDS."

BID OPENING WAS ON AUGUST 5, 1970, AND THE BIDS RECEIVED WERE ABSTRACTED AS FOLLOWS:

BIDDER VISION SYSTEMS INC. TOTAL PRICE $70,600

BIDDER DIGITAL EQUIPMENT CORPORATION TOTAL PRICE $81,213

BIDDER INFORMATION DISPLAYS, INC. TOTAL PRICE $85,410 AWARD OF CONTRACT NO. N00151-71-C-0293 WAS MADE TO INFORMATION DISPLAYS, INC., ON SEPTEMBER 21, 1970.

YOU CONTEND THAT YOU TOOK NO EXCEPTION TO ANY OF THE TECHNICAL REQUIREMENTS OF THE SPECIFICATIONS AND THAT THE AWARD SHOULD HAVE BEEN MADE TO YOUR COMPANY AS THE LOW BIDDER. YOU ALLEGE THAT THE DETERMINATION THAT YOUR BID WAS NONRESPONSIVE WAS BASED ON APPLYING UNSTATED REQUIREMENTS.

BY LETTER DATED SEPTEMBER 30, 1970, THE PROCURING ACTIVITY ADVISED YOU THAT YOUR BID WAS DETERMINED TO BE NONRESPONSIVE FOR THE FOLLOWING REASONS:

"(A) PARAGRAPH 1.2.1.3 OF SPECIFICATION REQUIRES A 'PARAMETER STATUS' REGISTER. VSI OFFERS A 'MODE CONTROL' REGISTER FOR THIS APPLICATION. INFORMATION CONCERNING THE STATUS OF THE FOLLOWING PARAMETERS IS NOT PRESENT IN THE MODE CONTROL REGISTER:

1. LINE STRUCTURE

2. VECTOR BRIGHTNESS

(PAGES 5, 16, 17, 18 OF VSI SUPPORTING INFORMATION)

"(B) PARAGRAPH 1.2.1.4 OF SPECIFICATION REQUIRES A 'PROGRAM COUNTER.' VSI OFFERS A 'WORD COUNT REGISTER.' THESE DEVICES DO NOT PERFORM THE SAME FUNCTION. A PROGRAM COUNTER CONTAINS THE ADDRESS OF THE NEXT INSTRUCTION TO BE EXECUTED. USING THE 'WORD COUNTER REGISTER' IN THIS APPLICATION REQUIRES ADDITIONAL INFORMATION AND FURTHER INSTRUCTIONS TO DETERMINE THE ADDRESS OF THE NEXT INSTRUCTION TO BE EXECUTED.

"(C) PARAGRAPH 1.2.2.4 OF THE SPECIFICATION REQUIRES THAT THE DISPLAY PROCESSOR SHALL BE CAPABLE OF EXECUTING CERTAIN JUMP INSTRUCTIONS. THIS IS A DISPLAY PROCESSOR FUNCTION AND MUST NOT REQUIRE P.M. PROCESSOR ACTION. THE VSI OFFERED JUMP INSTRUCTIONS CAUSE INTERRUPTS THAT NECESSITATE USE OF THE P.M. PROCESSOR AND ADDITIONAL PROGRAMMING AIDS (NOT FURNISHED).

"(D) PARAGRAPH 1.3.2.1 OF THE SPECIFICATION REQUIRES FOUR DIFFERENT LINE STRUCTURES. VSI OFFERS ONLY THREE DIFFERENT LINE STRUCTURES (PAGES 4 AND 8 OF SUPPORTING INFORMATION).

"(E) PARAGRAPH 1.3.2.6 OF THE SPECIFICATION REQUIRES AT LEAST FOUR PROGRAMMABLE VECTOR BRIGHTNESSES. VSI DOES NOT OFFER ANY MEANS TO PROGRAM VECTOR BRIGHTNESS CHANGES. PARAGRAPH 7.2 (P 13) OF SUPPORTING INFORMATION INDICATES THAT VARIABLE INTENSITY IS AVAILABLE IN THREE DIMENSIONAL SYSTEMS, BUT PARAGRAPH 1.4.5 OF VSI RESPONSE INDICATES THIS IS AN EXTRA COST OPTION FOR THE OFFERED SYSTEM.

"(F) PARAGRAPH 1.8.9.2 OF THE SPECIFICATION REQUIRES THAT A COMBINATION OF 'RACK' TYPE AND 'DESK' TYPE MOUNTED EQUIPMENT SHALL NOT BE FURNISHED. VSI INDICATES THAT THEY WILL FURNISH RACK TYPE, BUT SUPPORTING INFORMATION FURNISHED BY VSI DEPICTS THE CRT ON A DESK TYPE STRUCTURE.

"(G) VISION SYSTEMS INC. HAS NOT FURNISHED DESCRIPTIVE LITERATURE AS TO:

(A) PROGRAMMABLE MEMORY (PARAGRAPH 1.1)

(B) PROGRAMMING AIDS (PARAGRAPH 1.7)

(C) PHYSICAL APPEARANCE (PARAGRAPH 1.8.9.3 AND 1.8.9.4)"

IT IS APPARENT FROM THE FOREGOING THAT YOUR TECHNICAL DATA FAILED TO COMPLY WITH THE SPECIFICATIONS CONTAINED IN THE INVITATION. FOR EXAMPLE, PARAGRAPH 1.3.2.1 OF THE SPECIFICATIONS REQUIRED FOUR DIFFERENT LINE STRUCTURES, BUT YOU OFFERED THREE. ALSO, YOU DID NOT SUBMIT ANY TECHNICAL DATA ON CERTAIN ASPECTS WHICH THE DESCRIPTIVE LITERATURE CLAUSE REQUIRED. ALTHOUGH YOU SUGGEST THAT YOU SHOULD NOT HAVE BEEN REJECTED AS NONRESPONSIVE WITHOUT HAVING BEEN PROVIDED AN OPPORTUNITY TO CURE THE DEFICIENCIES, SINCE YOU STATED IN YOUR BID THAT YOU WOULD COMPLY WITH THE STATED CRITERIA, DESCRIPTIVE DATA WAS REQUIRED TO BE FURNISHED BEFORE THE OPENING OF BIDS. MOREOVER, UNDER THE INVITATION, FAILURE TO FURNISH THE DATA BY THE SPECIFIED TIME OR FAILURE OF THE DATA FURNISHED TO SHOW THAT THE PRODUCT OFFERED CONFORMS TO THE SPECIFICATIONS REQUIRED REJECTION OF THE BID. FURTHER, IN 36 COMP. GEN. 413, 417 (1956), IT WAS STATED THAT A BLANKET OFFER TO COMPLY WITH THE SPECIFICATIONS CANNOT OVERCOME OR RENDER NUGATORY EITHER THE SPECIFIC REQUIREMENT IN THE INVITATION FOR THE FURNISHING OF DESCRIPTIVE DATA WHICH IS DEEMED MATERIAL OR THE PROVISIONS THEREOF RELATING TO THE EXTENT TO WHICH SUCH DATA WILL BE CONSIDERED IN THE EVALUATION OF BIDS. SEE, ALSO, 37 COMP. GEN. 763 (1958) AND PARAGRAPH 2-404.2 OF THE ARMED SERVICES PROCUREMENT REGULATION WHICH PROVIDES IN PERTINENT PART:

"(A) ANY BID WHICH FAILS TO CONFORM TO THE ESSENTIAL REQUIREMENTS OF THE INVITATION FOR BIDS SHALL BE REJECTED.

"(B) ANY BID WHICH DOES NOT CONFORM TO THE SPECIFICATIONS CONTAINED OR REFERENCED IN THE INVITATION FOR BIDS SHALL BE REJECTED ***

"(D) ORDINARILY, A BID SHOULD BE REJECTED WHEN THE BIDDER ATTEMPTS TO IMPOSE CONDITIONS WHICH WOULD MODIFY REQUIREMENTS OF THE INVITATION FOR BIDS OR LIMIT HIS LIABILITY TO THE GOVERNMENT, SINCE TO ALLOW THE BIDDER TO IMPOSE SUCH CONDITIONS WOULD BE PREJUDICIAL TO OTHER BIDDERS. *** "

ACCORDINGLY, IN VIEW OF THE FOREGOING, THE PROTEST IS DENIED.