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B-183486 1 (1975-06-19)

handle is hein.gao/gaobadchq0001 and id is 1 raw text is: * 0.LE R C / T THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 ( 'N I T E1 FILE:B-183486 DATE: June 19, 1975 MATTER OF: Essex Electro Engineers, Inc. Cummins Diesel Engines, Inc. DIGEST: Invitation for emergency standby power systems contained specification concerned with horsepower rating of engine needed to drive generator which was subject to conflicting reasonable interpretations. Where invitation so inadequately expresses Government's requirements as to ensnare bidder into submitting nonresponsive bid, invitation should be canceled and procurement resolicited under terms clearly expressing Government's needs. Essex Electro Engineers, Inc. (Essex), the low bidder under IFB CG-52460-A, protests the rejection of its bid as nonresponsive. The subject IFB was issued by the Department of Transportation, United States Coast Guard for furnishing five emergency standby power systems in accordance with Coast Guard Specification No. 950, dated December 17, 1974. On the March 4, 1975 opening date 12 bids were received and opened. Essex was low with a unit price of $116, 880. The contracting officer determined that the four lowest bidders were nonresponsive in that the engines offered to power the generators did not meet the horsepower requirements of the speci- fication. Two of these bidders offered engines identical to that offered by Essex. . The Coast Guard informed Essex that its bid had been rejected. Counsel for Essex disputed the Coast Guard's evaluation and requested the agency to review its determination. The Coast Guard again eval- uated the Essex bid in the context of Essex's arguments as to the responsiveness of its bid and affirmed its determination to reject the Essex bid. Counsel then timely protested to our Office. Cummins Diesel Engines, Inc., has also protested the rejection of its third low bid. This protest is concerned with the interpretation of the following portion of the engine specification: The engine shall have a continuous horsepower rating (as shown by the engine manufacturer's published performance curves) of at least 10 percent and not more than 25 percent in excess 1 PUBLISHED DECISIOff -C 1-. Gen..

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