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B-188659 1 (1977-10-05)

handle is hein.gao/gaobadfef0001 and id is 1 raw text is: I s | I i THM COMPTROLLER GNERA, DECISION . !, O oP¶ M UNITE D N ATM Z. VAUHINGTON, D.C . 20548 ILL -188659 DATE: October 5, 1977 t? 1MAITER OF: Austin-Campbell Co.--Reconaideration DIGEST: On reconsideration of prior decision, since no error of fact or law has been shown, claimant's request for bid preparation costs is again denied. In Austin-Campbell Co., B-188659, Aigust 9, 1977, 77-2 CPD 99, we denied a claim for bid preparation costs. The Department of the Navy issued an invitation for bios for the procvrement of cold storage equipment including-compr'ssors having a piston speed of 875 fpm or lets and direct drive motors of 1750 rpm. Prior to bid opening, 10 vendors indicated that they could mdet the requirements and would bid. Carrier International Corporafion (Carri'r), however, advised ti Navy 3 days befote bid opening that its equipment could nor meet the specified 875 piston speed limitation, inter alia, and it would not bid, which was confirmed by letter of the same date to the Navy. The Navy awarded the contract to the low responsive and responsible bidder. Subsequent to award, theANavy determined that the awardee could not provide compliant equipmnnt. The Navy contacted compressor maiiufacturers in an attempt to aacertain if compliant compressors were commercially available. The compressor manufacturers informed the Navy that in view of the interdepeident piston and motor speed requirements, they could not supply compliant equipment. Since commercially available compressors could not meet the Government's specifications, the Navy determined that the specifications were impossible of performance and, consequently, modified the specifications so that the awardee could provide compressors with a 1000 fpm nominal piston speed. Austin-Campbell Co. (Austin-Campbell) had alleged that a Navy engineer orally waived the requirement for direct drive 1750 rpm motors with respect to A compressor made by York Division, -.1 0

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