B-118405, APR. 5, 1956
Highlights
INC.: YOUR PROTEST THAT YOU WERE NOT AWARDED ITEMS NOS. 35. THE RESULTS OF WHICH ARE SET FORTH IN A STATEMENT PREPARED BY THE CONTRACTING OFFICER FOR THE NEW CASTLE COUNTY AIRPORT. WHICH READS IN PERTINENT PART: "LISTED BELOW ARE ITEMS IN QUESTION: TABLE ITEM NO. 35 LOW BID: MANHATTAN LIGHTING CO. $6.65 EA. TOTAL $360.00 DIFFERENCE OF $32.76 IN TOTAL AMOUNT NOTE: MANHATTAN LIGHTING EQUIPMENT CO.'S BID WAS $27.39 WHICH DID NOT MAKE THEM LOW. IS NOT BECAUSE OF ANY RESTRICTIONS INCLOSED IN THE INVITATION FOR BID BUT RATHER ON THEIR RIGHT TO BE AWARDED ITEMS 35. SINCE THEY WERE NOT LOW ON ITEM NO. 39. THE POLICY AS SET FORTH BY AFPI 2-406.3 (4) CLEARLY DEFINES PROCEDURES FOR AWARDING CONTRACTS WHEN THE LOW BIDDER IS LOW BY A TOTAL AMOUNT OF LESS THAN THE $50.00 CONTRACT COST DIFFERENTIAL.
B-118405, APR. 5, 1956
TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:
YOUR PROTEST THAT YOU WERE NOT AWARDED ITEMS NOS. 35, 39 AND 53 OF INVITATION FOR BIDS NO. 07-601-56-3, ISSUED AUGUST 12, 1955, HAS BEEN INVESTIGATED, THE RESULTS OF WHICH ARE SET FORTH IN A STATEMENT PREPARED BY THE CONTRACTING OFFICER FOR THE NEW CASTLE COUNTY AIRPORT, WHICH READS IN PERTINENT PART:
"LISTED BELOW ARE ITEMS IN QUESTION:
TABLE
ITEM NO. 35 LOW BID: MANHATTAN LIGHTING CO. $6.65 EA.
TOTAL $319.20
AWARDED: WHITE PLAINS ELECTRIC, $6.79 EA. TOTAL $321.12
DIFFERENCE OF $1.92 IN TOTAL AMOUNT
ITEM NO. 39 LOW BID: WHITE PLAINS ELECTRIC, $27.27 EA.
TOTAL $327.24
AWARDED: GRAYBAR ELECTRIC, $30.30 EA. TOTAL $360.00
DIFFERENCE OF $32.76 IN TOTAL AMOUNT
NOTE: MANHATTAN LIGHTING EQUIPMENT CO.'S BID WAS $27.39 WHICH
DID NOT MAKE THEM LOW.
ITEM NO. 53 LOW BID: MANHATTAN LIGHTING EQUIPMENT CO.
$0.264 EA. TOTAL $52.80
AWARDED: L. B. ELECTRIC SUPPLY CO. $0.30 EA. TOTAL $60.00
DIFFERENCE OF $8.20 ($7.20) IN TOTAL AMOUNT.
"THE QUESTION OR PROTEST MADE OR ASKED BY MANHATTAN LIGHTING EQUIPMENT CO. IS NOT BECAUSE OF ANY RESTRICTIONS INCLOSED IN THE INVITATION FOR BID BUT RATHER ON THEIR RIGHT TO BE AWARDED ITEMS 35, 39 AND 53. SINCE THEY WERE NOT LOW ON ITEM NO. 39, THE QUESTION OR PROTEST CAN BE MADE ONLY ITEMS 35 AND 53. CONSIDERING ONLY THEIR CLAIM AND NOTHING ELSE, THE POLICY AS SET FORTH BY AFPI 2-406.3 (4) CLEARLY DEFINES PROCEDURES FOR AWARDING CONTRACTS WHEN THE LOW BIDDER IS LOW BY A TOTAL AMOUNT OF LESS THAN THE $50.00 CONTRACT COST DIFFERENTIAL. AWARDING A SEPARATE CONTRACT ON ITEMS 35 AND 53 TO MANHATTAN LIGHTING EQUIPMENT CO. (TOTAL DIFFERENCE OF $9.12) WOULD BE CONTRARY TO THE ABOVE CITED AFPI.'
NOT ONLY DOES THE RECORD SHOW THAT YOU WERE NOT THE LOW BIDDER ON ITEM NO. 39 OF THE INVITATION, AS ALLEGED, BUT IT ALSO CONFIRMS THE ADMINISTRATIVE STATEMENT THAT THE SLIGHT SAVINGS OF $9.12 WHICH WOULD HAVE RESULTED BY MAKING A SEPARATE AWARD OF ITEMS NOS. 35 AND 53 IN YOUR FAVOR WOULD NOT HAVE JUSTIFIED THE ADMINISTRATIVE EXPENSE ASSOCIATED WITH SUCH ACTION. ACCORDINGLY, AND SINCE THE AWARDS MADE UNDER THIS INVITATION WERE IN CONFORMITY WITH ADMINISTRATIVE REGULATIONS, WE WOULD NOT BE JUSTIFIED IN DISTURBING THE AWARDS AS MADE.