Thompson Controls, Inc.

• Decision Date: 21 August 1964
• Docket Number: B-153983
• Court: Comptroller General of the United States
• Parties: THOMPSON CONTROLS, INC.:

THOMPSON CONTROLS, INC.:

No. B-153983

Comptroller General of the United States

August 21, 1964

Further reference is made to your telegram of June 19, and confirming letter of June 24, 1964, protesting the comtemplated rejection of your bid under department of the army invitation for bids no. Civeng-22-079-64-26.

An advance notice to bidders was issued December 18, 1963, and the invitation for bids was issued January 2, 1964, with the date of opening set for April 2, 1964. This invitation incorporated the performance specifications and requirements for acceptance tests and descriptive literature for automatic instruments, inflow programmers and controllers, for the Mississippi basin model, maintained by the corps of engineers, department of the army, and used in the conduct of research connected with flood control problems. Six bids were received ranging from $157, 728 to $465, 800. The low bidder was your company at $157, 728; the second low bidder was compudyne Corporation, hatboro, Pennsylvania, at $158 091.57. The compudyne corporation protested any award to your company on the basis that your bid did not meet the specifications.

In the administrative review of the specifications contained in the invitation and of the bids received, it was determined that general specification paragraph 2 of the invitation requires that bidders to submit descriptive literature with his bid to show that the products offered conform to the specifications. The literature submitted is required to establish "details of the products the bidder proposes to furnish as to design, materials, components, performance characteristics, methods of manufacture, construction assembly and operation.' this paragraph also provides that "failure of the descriptive literature to show that the product offered conforms to the specifications and other requirements of this invitation for bids will require rejection of the bid.' in addition, a caution note to bidders was attached to each invitation stating "failure to furnish descriptive literature adequate for the stated purposes will result in rejection of your bid.' in order to strictly conform to the specification requirements, complete information is required on each item of equipment proposed. Your proposal includes a general written description of the major items of equipment and their operation; a table listing the type or model, manufacturer and ratings for the differential pressure...