B-148951, JUL. 5, 1962

B-148951, JUL. 5, 1962

TO TRIO-TECH INCORPORATED:

BY LETTER DATED MAY 18, 1962, WITH ENCLOSURES, YOU PROTESTED AGAINST THE AWARD OF A CONTRACT BY THE NAVAL AIR MATERIAL CENTER, PHILADELPHIA, PENNSYLVANIA, UNDER INVITATION NO. 156-399-62 TO A BIDDER OTHER THAN YOUR FIRM.

THE INVITATION DATED MARCH 26, 1962, AS AMENDED, REQUESTED BIDS IN ACCORDANCE WITH THE ADVERTISED SPECIFICATIONS FOR ONE DUAL CENTRIFUGE. ONE OF THE CONDITIONS OF RESPONSIVENESS, THE INVITATION PROVIDED WITH RESPECT TO DESCRIPTIVE LITERATURE AS FOLLOWS:

"IMPORTANT NOTICE TO PROSPECTIVE BIDDERS

"YOUR ATTENTION IS INVITED TO THE FOLLOWING ESSENTIAL REQUIREMENTS WHICH FORM A PART OF THE TERMS OF THIS INVITATION FOR BIDS PARTICULAR ATTENTION IS INVITED TO PARAGRAPHS 4 AND 5.

"DESCRIPTIVE DATE REQUIRED WITH BIDS:

"1. EACH BIDDER MUST SUBMIT, WITH HIS BID, ILLUSTRATIONS, BROCHURES, DRAWINGS/SKETCHES OR OTHER DESCRIPTIVE DATA DESCRIBING THE EQUIPMENT, INCLUDING ATTACHMENTS AND/OR ACCESSORIES THAT HE PROPOSES TO FURNISH HEREUNDER. SUCH DESCRIPTIVE DATA MUST ILLUSTRATE OR DESCRIBE HOW THE EQUIPMENTS BID UPON WILL COMPLY WITH THE SPECIFICATION REQUIREMENTS.

"2. WHEN THE BIDDER PROPOSES TO MODIFY STANDARD EQUIPMENT, AS DESCRIBED IN SALES LITERATURE, IN ORDER TO MEET THE REQUIREMENTS OF THE SPECIFICATIONS, THE BIDDER MUST SUBMIT DESCRIPTIVE DATA SHOWING THE CONCISE DETAILS AS TO THE NATURE OF THE PROPOSED MODIFICATIONS AND THE METHODS HE PROPOSES TO USE TO MODIFY THE STANDARD EQUIPMENT TO MEET THE SPECIFICATION REQUIREMENTS.

"3. THE SPECIFICATIONS IN THE SCHEDULE WILL BE CONTROLLING. ACCORDINGLY, THE DESCRIPTIVE DATA FURNISHED HEREUNDER WITH THE BID MUST BE IN COMPLETE COMPLIANCE WITH THE SPECIFICATIONS AND MUST BE FURNISHED IN SUCH DETAIL AS IS NECESSARY TO SHOW SUCH COMPLETE COMPLIANCE WITH SUCH SPECIFICATIONS.

"4. (A) THE DESCRIPTIVE DATA WILL BE CONSIDERED A PART OF THE BID FOR EVALUATING PURPOSES ONLY AND WILL BE USED BY THE GOVERNMENT TO DETERMINE IF THE MATERIAL OFFERED IS IN COMPLETE COMPLIANCE WITH THE SPECIFICATION REQUIREMENTS AND WHETHER THE BIDDER CAN, AND INTENDS TO, FURNISH EQUIPMENT MEETING THE REQUIREMENTS OF THE SPECIFICATIONS.

"5. REJECTION OF THE BID AS NON-RESPONSIVE WILL RESULT IF THE BIDDER:

"/A) FAILS TO FURNISH WITH THE BID THE DESCRIPTIVE DATA REQUIRED HEREUNDER, EXCEPT THAT IF THE DESCRIPTIVE DATA IS TRANSMITTED BY MAIL AND IS RECEIVED LATE, IT MAY BE CONSIDERED UNDER THE PROVISION FOR CONSIDERING LATE BIDS, AS SET FORTH ELSEWHERE IN THIS INVITATION FOR BIDS; OR

"/B) FURNISHES DESCRIPTIVE DATA THAT VARIES THE TERMS OF THE INVITATION; OR

"/C) FURNISHES DESCRIPTIVE DATA THAT IS NOT IN COMPLETE COMPLIANCE WITH THE REQUIREMENTS OF THIS CLAUSE AND THE SPECIFICATIONS SET FORTH IN THE SCHEDULE; OR

"/D) IMPOSES A RESTRICTION ON THE DISCLOSURE OF DESCRIPTIVE DATA FURNISHED HEREUNDER WHICH HAS THE EFFECT OF PROHIBITING THE DISCLOSURE OF SUFFICIENT INFORMATION TO PERMIT COMPETING BIDDERS TO KNOW THE ESSENTIAL NATURE AND TYPE OF PRODUCTS OFFERED OR THOSE ELEMENTS OF THE BID WHICH RELATE TO QUANTITY, PRICE AND DELIVERY TERMS.'

FOUR BIDS WERE RECEIVED AND OPENED AS SCHEDULED ON MAY 2, 1962, AND IT APPEARED THAT YOUR FIRM SUBMITTED THE LOWEST BID. IN APPARENT COMPLIANCE WITH THE FOREGOING PROVISIONS, THERE WAS SUBMITTED WITH YOUR BID TRIO-TECH DRAWING NO. G-346, SPECIFICATION SHEETS FOR COMMERCIAL CENTRIFUGE UNITS, A BROCHURE COVERING YOUR CENTRIFUGE ACCELERATORS, AND A PHOTOGRAPH OF YOUR PLANT. YOUR BID AS SUPPLEMENTED BY THE ABOVE DATA WAS EVALUATED ON MAY 9, 1962, BY A GOVERNMENT RESEARCH ENGINEER WITH THE FOLLOWING RESULT:

"TRIO-TECH INC. DOES NOT COMPLY WITH THE REQUIREMENTS OF THE CLAUSE ENTITLED "DESCRIPTIVE DATA REQUIRED WITH BIDS" CONTAINED IN THE IFB.

"THEREFORE A TECHNICAL EVALUATION OF THE TRIO-TECH PROPOSAL CANNOT BE MADE.

"TRIO-TECH DWG. G346 DOES NOT INDICATE COMPLIANCE WITH PARAGRAPHS 4, 6, 7, 8, 9, AND 11.

"PHOTOGRAPHS AND BROCHURE RECEIVED WERE NOT PERTINENT FOR PROPOSAL EVALUATION.'

UNDER THE MISTAKEN BELIEF THAT THE DATA FURNISHED WITH YOUR BID HAD BEEN MISPLACED, TECHNICAL PERSONNEL AGAIN EVALUATED DUPLICATES OF THE SPECIFICATION SHEETS AND BROCHURE FURNISHED BY YOU UPON REQUEST. GOVERNMENT RESEARCH ENGINEER REPORTED ON JUNE 4, 1962, THAT YOU FAILED TO FURNISH DESCRIPTIVE DATA RELATING TO THE SPECIFICATIONS AS FOLLOWS:

1. CENTRIFUGAL CAPACITY (PARAGRAPH 4).

2. SPEED RESOLUTION (PARAGRAPH 6).

3.CONSTANCY OF ANGULAR VELOCITY (PARAGRAPH 7).

4. TEST OBJECTS (PARAGRAPH 8).

5. MECHANICAL NOISE LEVEL VIBRATION (PARAGRAPH 9).

6. INPUT POWER (PARAGRAPH 11).

YOUR BID, THEREFORE, WAS REJECTED BECAUSE THE DATA SUBMITTED WAS INADEQUATE TO SHOW THAT THE EQUIPMENT OFFERED FULLY COMPLIED WITH THE ADVERTISED SPECIFICATIONS. AWARD WAS MADE ON MAY 16, 1962, TO THE SECOND LOW BIDDER, GENISCO, INC., WHO HAD FULLY COMPLIED WITH THE DESCRIPTIVE DATA REQUIREMENTS.

WE HAVE TAKEN THE POSITION IN PREVIOUS DECISIONS THAT IT IS NOT ONLY PROPER BUT DESIRABLE TO SPELL OUT IN INVITATIONS FOR BIDS THE EFFECT OF A FAILURE TO SUPPLY DESCRIPTIVE MATERIAL WHERE SUCH MATERIAL IS CONSIDERED BY THE CONTRACTING AGENCY, AS HERE, TO BE ESSENTIAL FOR THE PURPOSE OF BID EVALUATION AND AWARD. SEE 36 COMP. GEN. 376, ID. 415. SINCE THE DESCRIPTIVE MATERIAL WHICH YOU FURNISHED WAS INCOMPLETE, AND BIDDERS WERE PLACED ON NOTICE THAT A FAILURE TO SUBMIT ANY OF THE SPECIFIED DESCRIPTIVE MATERIAL WOULD REQUIRE REJECTION OF A BID, IT IS OUR OPINION THAT THE DEPARTMENT OF THE NAVY WOULD NOT HAVE BEEN WARRANTED IN AWARDING THE CONTRACT TO YOUR FIRM, REGARDLESS OF THE EXPERIENCE QUALIFICATIONS OF YOUR FIRM.