B-150622, JUN. 6, 1963
Highlights
YOU HAVE PROTESTED THE REJECTION OF YOUR BID SUBMITTED UNDER INVITATION FOR BIDS NO. 156-066-63. AT THE SAME TIME YOU HAVE PROTESTED THE ACCEPTANCE OF A HIGHER BID SUBMITTED BY THE DELAWARE VALLEY MACHINERY COMPANY. THERE IS ENCLOSED A COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF THE NAVY. YOU CONTEND THAT SUCH BID WAS NOT RESPONSIVE BECAUSE OF THE DESCRIPTIVE DATA FURNISHED THEREWITH FAILED TO SHOW CERTAIN MATERIAL ASPECTS OF ITS EQUIPMENT SUCH AS RAM POSITION INDICATORS. IN RESPONSE TO THESE ALLEGATIONS WE HAVE RECEIVED THESE COMMENTS FROM THE CONTRACTING AGENCY. "/D) DELAWARE VALLEY BULLETIN D-61 AS SUBMITTED WITH THEIR BID CLEARLY SHOWS ON PAGE SIX (6) THE BED TONGUE SLOTS ARE AS SPECIFIED IN BWI0 SPECIFICATION 62-40.
B-150622, JUN. 6, 1963
TO EDWARD A. LYNCH MACHINERY COMPANY, INC.:
BY LETTER OF JANUARY 14, 1963, FORWARDED UNDER COVERING LETTER OF THE SAME DATE FROM YOUR ATTORNEY, YOU HAVE PROTESTED THE REJECTION OF YOUR BID SUBMITTED UNDER INVITATION FOR BIDS NO. 156-066-63, ISSUED BY THE NAVAL AIR MATERIAL CENTER, PHILADELPHIA, PENNSYLVANIA. AT THE SAME TIME YOU HAVE PROTESTED THE ACCEPTANCE OF A HIGHER BID SUBMITTED BY THE DELAWARE VALLEY MACHINERY COMPANY.
WITH RESPECT TO THE REJECTION OF YOUR BID, THERE IS ENCLOSED A COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF THE NAVY. SO FAR AS CONCERNS THE ACCEPTANCE OF THE HIGHER BID, YOU CONTEND THAT SUCH BID WAS NOT RESPONSIVE BECAUSE OF THE DESCRIPTIVE DATA FURNISHED THEREWITH FAILED TO SHOW CERTAIN MATERIAL ASPECTS OF ITS EQUIPMENT SUCH AS RAM POSITION INDICATORS; DRILLING OF BED AND RAM TO ACCEPT ANGLE AND BOLSTER PLATE, AND DIE SLOT TOLERANCE.
IN RESPONSE TO THESE ALLEGATIONS WE HAVE RECEIVED THESE COMMENTS FROM THE CONTRACTING AGENCY.
"/D) DELAWARE VALLEY BULLETIN D-61 AS SUBMITTED WITH THEIR BID CLEARLY SHOWS ON PAGE SIX (6) THE BED TONGUE SLOTS ARE AS SPECIFIED IN BWI0 SPECIFICATION 62-40. ADHERENCE TO TOLERANCES IS AN INSPECTION FUNCTION AND COMPLIANCE BY THE SUCCESSFUL BIDDER IS DETERMINED BY THE AREA INSPECTOR.
(E) DELAWARE VALLEY BULLETIN D-61 ADEQUATELY SHOWS ON PAGE SIX (6) AND PAGE THREE (3) FIRST PARAGRAPH THE MEANS FOR HOLDING STANDARD DIES IN THE RAM.
(F) BWI0 SPECIFIES THAT RAM POSITION INDICATORS (TO INDICATE POSITION OF BOTH ENDS OF THE RAM) SHALL BE PROVIDED. BWI0 SPEC. DOES NOT RESTRICT THE MOUNTING OF THE GAGES, EITHER SEPARATELY OR TOGETHER.
(G) DELAWARE VALLEY, BULLETIN D-61, PAGE THREE (3) UNDER HEADING "DRIVE- CLUTCH-BRAKE" THE SECOND PARAGRAPH STATES AS FOLLOWS:
"MECHANICALLY INTERLOCKED WITH THE CLUTCH IS A SELF-ENERGIZING, SPRING- LOADED SHOE BRAKE WHICH STOPS THE RAM AS SOON AS CLUTCH IS RELEASED.' THIS INDICATES THAT OVERLAP OF THE CLUTCH AND BRAKE IS NOT POSSIBLE IN THEIR SYSTEM.
(H) DELAWARE VALLEY STATES IN THEIR BID LETTER, PAGE FIVE (5) "BED AND RAM MACHINED FOR LES.' STANDARD PRACTICE INSURES THE FACT THAT THE TERM "MACHINED" INCLUDES DRILLING, TAPPING, MILLING, ETC., WHEN SUCH OPERATIONS ARE REQUIRED TO COMPLETE THE JOB. THEREFORE, DELAWARE VALLEY MEETS THE REQUIREMENTS OF PARAGRAPH 3.14.11 OF BWI0 SPECIFICATION NO. 62-140.
(I) DELAWARE VALLEY BULLETIN D-61 AS SUBMITTED WITH THEIR BID CLEARLY SHOWS ON PAGE SIX (6) THE BED TONGUE SLOTS ARE AS SPECIFIED IN BWI0 SPECIFICATION NO. 62-140. ADHERENCE TO TOLERANCES IS AN INSPECTION FUNCTION AND COMPLIANCE BY THE SUCCESSFUL BIDDER IS DETERMINED BY THE AREA INSPECTOR.
(J) DELAWARE VALLEY'S LETTER OF 27 AUGUST 1962, PAGE 2, THE LAST PARAGRAPH STATES EACH SHAFT IS CARRIED ON TWO OVER-SIZED BRONZE BUSHED FLANGE BEARINGS. THIS MEETS THE REQUIREMENTS OF BWI0 SPECIFICATION NO. 62 -140, PARAGRAPH 3.14.16, BEARINGS. THE FLANGE TYPE BEARINGS ARE UTILIZED IN MACHINERY DESIGN TO OFFSET RADIAL AND END THRUST LOADS THAT COULD BE DEVELOPED BY THE MOVING RT.'
WE ARE SATISFIED FROM THE EVIDENCE AVAILABLE THAT THE CONTRACTING AGENCY HAD A REASONABLE BASIS FOR REGARDING THE DATE FURNISHED AS RESPONSIVE TO THE REQUIREMENTS OF THE INVITATION. ACCORDINGLY, WE FIND NO REASON TO QUESTION THE VALIDITY OF THE AWARD.