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B-184662 1 (1976-05-25)

handle is hein.gao/gaobaddmn0001 and id is 1 raw text is: r, THE COMPTROLLER GENERAL DECISION - } OF THE UNITED STATES WASHINGTON. 0 C. 20548 FILE: B-184662 DATE: May 25, 1976 9g9cg,2o MATTER OF: United Power & Control Systems, Inc. DIGEST: 1. Where low bidder's nonresponsiveness to Navy IFB experience clause was result of erroneous information peculiarly within Navy's possession from Navy officials upon whom bidder was entitled to rely, Navy acted arbitrarily in rejecting low bid as nonresponsive when award was made to second low bidder who failed to meet other requirements in clause. 2. Although Navy contends bidder's substations had not operated successfully as provided in IFB experience clause due to various deficiencies, in absence of contrary definition, if substation operates over 10,000 hours within 5 years (experience clause provision), during which time it performs functions for which it was designed, it could reasonably be concluded that substations met clause's criterion. 3. Navy IFB experience clause, which required substations identical to units, listed under clause as operating successfully for over 10,000 hours, to be furnished under contract, but which also pro- vided for listing units with some characteristics less stringent than IFB purchase description, is defective, and no bidder could satisfy requirements because there is no substation meeting purchase description which has operated over 10,000 hours. The Naval Facilities Engineering Command, Davisville, Rhode Island, issued invitation for bids (IFB) N62578-75-B-0123, as a total small business set-aside. As amended, the IFB called for the supply of eight 2500 kilovolt-ampere (KVA) capacity, outdoor- type, semi-trailer mounted electrical substations in accordance with Purchase Description 6120-5134-2-75 dated January 1975, as amended. The IFB included an experience requirement at para- graph C.17, which provided as follows: - 1 -

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