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B-179078 1 (1973-09-27)

handle is hein.gao/gaobaadfz0001 and id is 1 raw text is: 0 ' COPROL~ 6(117OL~ GENERAL. OFHE UNTErSATES WASMHiGTON. DC, A,5' B179078 SEP 2 7 1973 American Laundry Rose Street and Section Road Cincinnati, Ohio 45202 Attentions Hr. John R. Fullerton Gentlemen: This is in reply to your telefax meeasee of July 3, 1973, protesting against the award of a contractlto the Ludell Menu- facturing Company by the Veterans Administration (VA) Marketing Center, Hines, Llinoisg pursuant to solicitation 82-48-73, The solicitation was issued as a two-step procurement for washers and other equipment to be installed in the VA Hospital (-iundry at iaco, Texas, Ludelt lwas awarded a contract on the baste of its low bid submitted in response to the second step invitation for bids. You claim, however, that Ludoll's bid was nonresponsive because it offered hydraulic extractors instead of the strike extractors originally proposed in the atop one phase '1; of the procurement. The VA report on this matter (a copy of which has been furnished you) states that Ludell did originally propose using strike extractors but that during'negotiations LudeLt modified its.approach by spb- stituting hydraulic extractors in accordance with the preference expressed by VA technical personnel. VA further states that it was Ludell's modified proposal that was accepted and upon which a bid price waolsolicited. Thus) Mhile you are correct in assorting that LudeltI3 initial proposal involved the use of strike extractors$ it appears that Ludell subsequently submitted a modified proposal which called for hydraulic extractors and which was viewed as acceptable by the VA. Discuosion of initial proposals and submission of revisions . and modifications based thereon during step one of a two-step procure- ment are clearly contemplated by FUl 1-2.503-1, and a bid Lased on a proposal that, as modified, was accepted by the procuring agency cannot be regarded am nonresponsive. Cl' , 9 .-+ ,r... p . ,.1-y

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