B-162160, OCT. 24, 1967
Highlights
LOW BIDDER WHO HAD BID FOR WASHING MACHINES REJECTED BECAUSE MODEL WOULD HAVE NECESSITATED ADDITIONAL COSTS IN STRUCTURE TO ACCOMMODATE MACHINE WHEREAS NO SUCH CHANGES WERE REQUIRED IF SECOND LOW BID WERE ACCEPTED HAS NOT PRESENTED ANY BASIS TO QUESTION ADMINISTRATIVE EVALUATION OF BIDS AND THEREFORE PROTEST MUST BE DENIED. BIDS WERE OPENED ON APRIL 27. YOUR BID ON ITEM 1 WAS $13. PELLERIN MILNOR'S BID WAS $13. NO OPTIONAL LOCATION OF THE DUMP VALVE WAS INDICATED IN THE BID DOCUMENTS. THE 59-3/4 INCH REQUIREMENT IS WITHIN THE EXISTING CLEARANCE BY 1-3/4 INCHES. THESE COSTS ARE FOR CONSIDERATION IN THE EVALUATION OF BIDS. FOR THE REASONS DESCRIBED IN THE PRECEDING PARAGRAPHS IT WAS DETERMINED THAT PELLERIN MILNOR HAD SUBMITTED THE LOW RESPONSIVE BID AND A CONTRACT WAS AWARDED TO THAT FIRM ON JUNE 22.
B-162160, OCT. 24, 1967
BIDS - EVALUATION - COST FACTORS DECISION TO G.A. BRAUN, INC. RE PROTEST TO AWARD TO PELLERIN MILNOR CORP. FOR WASHING MACHINES FOR VETERANS ADMINISTRATION HOSPITAL ROSEBURG, OREGON. LOW BIDDER WHO HAD BID FOR WASHING MACHINES REJECTED BECAUSE MODEL WOULD HAVE NECESSITATED ADDITIONAL COSTS IN STRUCTURE TO ACCOMMODATE MACHINE WHEREAS NO SUCH CHANGES WERE REQUIRED IF SECOND LOW BID WERE ACCEPTED HAS NOT PRESENTED ANY BASIS TO QUESTION ADMINISTRATIVE EVALUATION OF BIDS AND THEREFORE PROTEST MUST BE DENIED.
TO G.A. BRAUN, INCORPORATED:
YOUR LETTER OF JULY 26, 1967, WITH ENCLOSURES, PROTESTS THE AWARD UNDER ITEM 1 OF INVITATION FOR BIDS NO. M3-108-67 TO PELLERIN MILNOR CORPORATION.
THE INVITATION SOLICITED BIDS FOR SUPPLYING TO THE VETERANS ADMINISTRATION HOSPITAL, ROSEBURG, OREGON, TWO WASHER-EXTRACTOR COMBINATION MACHINES, LISTED RESPECTIVELY UNDER ITEMS 1 AND 2. YOUR PROTEST CONCERNS ONLY ITEM 1.
UNDER ITEM 1 AT PAGE 11 OF THE SCHEDULE BOTH YOUR FIRM AND PELLERIN MILNOR INDICATED THAT THE ITEM OFFERED WOULD OPERATE SATISFACTORILY IN THE SPACE AVAILABLE AND THAT SUFFICIENT SPACE WOULD BE AVAILABLE AROUND THE MACHINE FOR PROPER MAINTENANCE WHEN INSTALLED. THE IFB ALSO INCLUDES THE FOLLOWING PARAGRAPH:
"* * * PARAGRAPH 32. SPECIAL CONDITIONS: (WASHER-EXTRACTOR COMBINATION) (A) THE VETERANS ADMINISTRATION RESERVES THE RIGHT TO CONSIDER THE ESTIMATED COST OF INSTALLING NEW MACHINE, CONSTRUCTING OR MODIFYING CHUTE SYSTEMS (INCLUDING REMOVAL OF OLD CHUTES IF REQUIRED), AND CONSTRUCTING ADEQUATE FOUNDATIONS OR SUPPORTS IN DETERMINING AWARD OF EQUIPMENT CONTRACTS.'
BIDS WERE OPENED ON APRIL 27, 1967. THE LETTER WITH YOUR BID STATED,"OUR REPRESENTATIVE HAS VISITED THE SITE AND WE COMPLY WITH YOUR SPECIFICATIONS.' YOUR BID ON ITEM 1 WAS $13,175, LESS ONE PERCENT PROMPT PAYMENT DISCOUNT; PELLERIN MILNOR'S BID WAS $13,309.00. IN COMPLIANCE WITH THE IFB, BOTH BIDS INCLUDED DIMENSIONAL DRAWINGS SHOWING OVERALL FLOOR SPACE REQUIREMENTS.
TECHNICAL EVALUATION SHOWS THE DISTANCE BETWEEN THE CENTER-LINE OF THE EXISTING DRAIN TROUGH AND THE REAR LAUNDRY ROOM WALL TO BE 61-1/2 INCHES. BRAUN SPECIFICATION TM211-1, ACCOMPANYING THE BID, SHOWS THE DISTANCE FROM THE CENTER-LINE OF THE DUMP VALVE TO THE BACK OF THE MACHINE TO BE 44 INCHES AND A CLEARANCE OF 24 INCHES FROM THE BACK OF THE MACHINE TO THE WALL. NO OPTIONAL LOCATION OF THE DUMP VALVE WAS INDICATED IN THE BID DOCUMENTS. THUS THE 68 INCH REQUIREMENT EXCEEDS THE EXISTING CLEARANCE BY 6-1/2 INCHES. PELLERIN MILNOR SPCIFICATION I M 914, ACCOMPANYING THE BID, SHOWS THE DISTANCE FROM THE CENTER-LINE OF THE DUMP VALVE TO THE BACK OF THE MACHINE TO BE 45-3/4 INCHES AND A CLEARANCE OF 14 INCHES FROM THE BACK OF THE MACHINE TO THE WALL. OPTIONAL LOCATION OF THE DUMP VALVE OFFERED IN THE PELLERIN MILNOR BID PROVIDES ADDITIONAL SPACE BY PERMITTING OPTIONAL VALVE POSITIONING. THE 59-3/4 INCH REQUIREMENT IS WITHIN THE EXISTING CLEARANCE BY 1-3/4 INCHES, AND BY UTILIZING THE OPTIONAL VALVE POSITIONING AN ADDITIONAL 15-1/2 INCHES CAN BE ADDED.
THE ENGINEERING SERVICE OF THE PROCURING AGENCY DETERMINED THAT THE COST OF STRUCTURAL MODIFICATIONS TO THE EXISTING LAUNDRY ROOM TO ACCOMMODATE YOUR MACHINE WOULD BE $2,750 FOR STRUCTURAL CHANGES AND SLAB SUPPORTS FOR CENTER SPAN AND AN ADDITIONAL $3,480 FOR SUPPORTS OF ADJACENT SPANS. THE SERVICE DETERMINED THAT THE PELLERIN MILNOR MACHINE INSTALLATION REQUIRED NO STRUCTURAL CHANGES AND ESTIMATED THE COST OF SLAB SUPPORT TO BE $1,250. UNDER THE SPECIFIC PROVISIONS OF PARAGRAPHS 32 (A), QUOTED ABOVE, THESE COSTS ARE FOR CONSIDERATION IN THE EVALUATION OF BIDS.
FOR THE REASONS DESCRIBED IN THE PRECEDING PARAGRAPHS IT WAS DETERMINED THAT PELLERIN MILNOR HAD SUBMITTED THE LOW RESPONSIVE BID AND A CONTRACT WAS AWARDED TO THAT FIRM ON JUNE 22, 1967.
YOU MAINTAIN THAT "THE BRAUN MACHINE PROVIDES MORE CLEARANCE SPACE THAN THE PELLERIN MILNOR. IF THE CLEARANCE ON THE BRAUN MACHINE IS NOT ACCEPTABLE, IT WOULD BE LESS ACCEPTABLE ON THE MILNOR.' YOUR CONCLUSION IN THIS REGARD IS BASED ON AN ANALYSIS OF THE PELLERIN MILNOR SPECIFICATION SHEET I M 617. HOWEVER, THE PELLERIN MILNOR BID ON ITEM 1 OFFERED THE UNIT DESCRIBED IN THEIR SPECIFICATION SHEET I M 914.
AS WE ADVISED YOU IN B-151240, OCTOBER 18, 1963, IN CONNECTION WITH A PROTEST ON ANOTHER PROCUREMENT, IT IS WITHIN THE PROCURING AGENCY'S PROVINCE TO DETERMINE FACTUALLY WHETHER THE EQUIPMENT OFFERED AND ITS INSTALLATION AT THE SITE MEET THE ADVERTISED SPECIFICATIONS. WE FIND NO BASIS TO QUESTION THE VALIDITY OF THE PROCURING AGENCY'S DETERMINATIONS IN THIS CASE. THEREFORE, YOUR PROTEST IS DENIED.