B-204129, FEB 23, 1982
Highlights
DIGEST: BID WAS PROPERLY REJECTED AS NONRESPONSIVE FOR OFFERING EQUIPMENT WHICH WAS "LIMITED TO EXISTING INVENTORY" INDICATING ITEM WAS NO LONGER IN PRODUCTION AND. LANIER'S LOW BID WAS DECLARED NONRESPONSIVE BECAUSE ONE OF THE COMPONENTS OF ITS SYSTEM DID NOT APPEAR IN ITS GENERAL SERVICES ADMINISTRATION (GSA) FSS CATALOG. THE COMPONENT WAS ON ITS CURRENT FSS CONTRACT BECAUSE THE ITEM WAS ON LANIER'S CURRENT COMMERCIAL PRICE LIST. WHICH WAS INCORPORATED IN ITS FSS CONTRACT. NOTES THAT THIS INDICATES THE ITEM IS NO LONGER IN PRODUCTION AND IS BEING PHASED OUT OF THE PRODUCT LINE. WE FIND THE BID TO HAVE BEEN PROPERLY REJECTED AND IT IS UNNECESSARY TO RESOLVE THE DISCREPANCY BETWEEN THE COMMERCIAL PRICE LIST AND THE GSA FSS CATALOG.
B-204129, FEB 23, 1982
DIGEST: BID WAS PROPERLY REJECTED AS NONRESPONSIVE FOR OFFERING EQUIPMENT WHICH WAS "LIMITED TO EXISTING INVENTORY" INDICATING ITEM WAS NO LONGER IN PRODUCTION AND, THEREFORE, NOT CURRENT STANDARD PRODUCT, A REQUIREMENT OF THE SOLICITATION.
LANIER BUSINESS PRODUCTS, INC.:
LANIER BUSINESS PRODUCTS, INC. (LANIER), PROTESTS THE VETERANS ADMINISTRATION'S (VA) AWARD OF A CONTRACT FOR A CENTRAL DICTATING SYSTEM TO DICTAPHONE CORPORATION. THE VA SOLICITATION LIMITED BIDDERS TO FURNISHING THEIR CURRENT STANDARD PRODUCTS AND REQUIRED THAT THE ITEMS BE ON THEIR RESPECTIVE CURRENT FEDERAL SUPPLY SCHEDULE (FSS) CONTRACTS. LANIER'S LOW BID WAS DECLARED NONRESPONSIVE BECAUSE ONE OF THE COMPONENTS OF ITS SYSTEM DID NOT APPEAR IN ITS GENERAL SERVICES ADMINISTRATION (GSA) FSS CATALOG. LANIER CONTENDS THAT DESPITE THE ABSENCE OF THE COMPONENT FROM LANIER'S GSA CATALOG, DUE TO A PRINTER'S ERROR, THE COMPONENT WAS ON ITS CURRENT FSS CONTRACT BECAUSE THE ITEM WAS ON LANIER'S CURRENT COMMERCIAL PRICE LIST, WHICH WAS INCORPORATED IN ITS FSS CONTRACT. DENY THE PROTEST.
ON LANIER'S COMMERCIAL PRICE LIST, THE ITEM IN QUESTION BEARS THE NOTATION "LIMITED TO EXISTING INVENTORY." THE VA, IN ITS REPORT TO OUR OFFICE ON THE PROTEST, NOTES THAT THIS INDICATES THE ITEM IS NO LONGER IN PRODUCTION AND IS BEING PHASED OUT OF THE PRODUCT LINE. THEREFORE, VA BELIEVES THE ITEM NO LONGER QUALIFIES AS A CURRENT STANDARD PRODUCT AS REQUIRED BY THE SOLICITATION. LANIER HAS NOT REBUTTED THIS ASSERTION IN ITS COMMENTS TO OUR OFFICE. THEREFORE, WE FIND THE BID TO HAVE BEEN PROPERLY REJECTED AND IT IS UNNECESSARY TO RESOLVE THE DISCREPANCY BETWEEN THE COMMERCIAL PRICE LIST AND THE GSA FSS CATALOG.
THE PROTEST IS DENIED.