B-142732, JUN. 27, 1960

B-142732, JUN. 27, 1960

TO NORTHWEST CHAIR COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 25, 1960, PROTESTING AGAINST ANY AWARD OF A CONTRACT TO BEELNER AND THOMAS FURNITURE MFG. CO. FOR FURNISHING FURNITURE CALLED FOR UNDER LOT 1 OF INVITATION FOR BIDS NO. IFB -123-285-60, ISSUED BY THE U.S. NAVY PURCHASING OFFICE, LOS ANGELES, CALIFORNIA.

THE INVITATION REQUESTED BIDS--- TO BE OPENED APRIL 8, 1960--- FOR FURNISHING 5 LOTS OF FURNITURE. LOT 1 WHICH IS INVOLVED IN THIS PROTEST INCLUDED 24 ITEMS OF FURNITURE (CHAIRS AND SOFAS) WHICH WERE TO CONFORM TO CERTAIN SPECIFICATIONS INCLUDING THE BUREAU OF YARDS AND DOCKS GROUP DESIGN SHEET NO. 33A, WHICH SETS FORTH THE HEIGHT DIMENSION OF THE CHAIRS AND SOFAS AS 30 INCHES AND STATES THAT "DIMENSIONS SHOWN ON SCHEDULES ARE MINIMUM.' THE BID OPENING DATE ORIGINALLY SCHEDULED BY THE INVITATION WAS MARCH 31, 1960, BUT AMENDMENT NO. 5 TO THE INVITATION CHANGED THE BID OPENING DATE TO APRIL 8, 1960. THE BID OF BEELNER AND THOMAS WAS SUBMITTED PRIOR TO THE OPENING TIME AND INCLUDED, AS REQUIRED BY THE INVITATION, AN ILLUSTRATION OF THE ITEMS BEING OFFERED. THE ILLUSTRATION OR DRAWING WAS A THERMOFAX COPY DATED "3-31-60" WHICH SHOWED THE HEIGHT OF THE CHAIR AND SOFA AS 29 1/2 INCHES. ATTACHED TO THE BID AND SUBMITTED THEREWITH WAS AN UNDATED STATEMENT ON A BEELNER AND THOMAS LETTERHEAD AND SIGNED BY EDMUND BEELNER, A PARTNER OF THE FIRM, WHICH REFERRED TO THE INVITATION BY NUMBER AND THE OPENING DATE OF APRIL 8, 1960. THE STATEMENT IS IN PERTINENT PART AS FOLLOWS:

"BID ON LOT 1 - GROUP 33A

CONSTRUCTED AS SPECIFICATIONS. * * *"

SINCE AMENDMENT NO. 5 TO THE INVITATION WHICH ADVANCED THE OPENING DATE OF BIDS FROM MARCH 31, 1960, TO APRIL 8, 1960, WAS ISSUED ON MARCH 28, 1960, AND COULD NOT HAVE BEEN RECEIVED BEFORE MARCH 29, 1960, THE CONTRACTING OFFICER ASSUMED THAT THE STATEMENT ATTACHED TO THE BID WAS PREPARED BY THE BIDDER AND SIGNED AT ABOUT THE SAME TIME OR LATER THAN THE DATE OF THE DRAWING ATTACHED TO THE BID. THE ACTUAL INTENTION OF THE BIDDER TO CONFORM TO THE SPECIFICATIONS, INCLUDING GROUP DESIGN SHEET 33A, WAS CONFIRMED BY A LETTER FURNISHED BY THE BIDDER ON APRIL 15, 1960, WHICH STATES: "WE WILL MANUFACTURE THE FURNITURE IN LOT 1 (ITEMS 1 THROUGH 24) TO CONFORM TO THE STYLE AND MEASUREMENTS SPECIFIED BY THE NAVY PURCHASING OFFICE IN GROUP 33-A.'

IT WAS THE OPINION OF THE CONTRACTING OFFICER THAT THE BID SUBMITTED BY BEELNER AND THOMAS WHEN READ IN ITS ENTIRETY INDICATED AN INTENTION TO CONFORM TO THE SPECIFICATION REQUIREMENTS AND WAS THEREFORE RESPONSIVE. ACCORDINGLY, HE AWARDED THE CONTRACT ON APRIL 25, 1960, TO BEELNER AND THOMAS AS THE LOWEST RESPONSIVE BIDDER.

IN YOUR LETTER OF PROTEST YOU STATE THAT BEELNER AND THOMAS FAILED TO MEET THE MINIMUM SIZE REQUIREMENTS SET FORTH IN THE INVITATION AND THEREFORE ITS BID SHOULD NOT HAVE BEEN CONSIDERED IN MAKING THE AWARD.

IT HAS BEEN REPORTED THAT THE PRE-PRODUCTION SAMPLE PRESENTED BY THE CONTRACTOR HAS BEEN ACCEPTED AND ALL MEASUREMENTS CONFORM TO THE SPECIFICATION DIMENSIONS ESTABLISHED BY THE INVITATION. ASIDE FROM THE FOREGOING, THE AWARD HERE WAS MADE BY THE CONTRACTING OFFICER AFTER CAREFUL CONSIDERATION OF PREVIOUS PERTINENT DECISIONS OF OUR OFFICE AND A FULL CONSIDERATION OF ALL THE FACTS INVOLVED WHICH LED HIM TO BELIEVE THAT BEELNER AND THOMAS FULLY INTENDED TO COMPLY WITH THE SPECIFICATIONS.

ACCORDINGLY, WE WOULD NOT BE JUSTIFIED IN OBJECTING TO THE AWARD IN THIS CASE.