reasons for cancellation of the first solicitation.
18. On March 31, 1969, Chamberlain was directed by the Army to suspend action under the second solicitation.
19. On July 9, 1969, a conference was held at the office of defendant Staats to discuss plaintiff's protest. Representatives of defendants and counsel for plaintiff were in attendance. It was proposed by representatives of defendant Staats that Chamberlain cancel the second solicitation and issue a third solicitation in view of the objections raised by plaintiff, but there was no suggestion that plaintiff should receive the contract at that time.
20. Plaintiff repeatedly advised defendants' representatives that its October 25, 1968 quotation of $1,375,000 was extended and could be accepted at any time until expressly withdrawn by plaintiff.
21. In September, 1969, defendant Staats was informed by the Director of Procurement and Production, Army Materiel Command, that the second solicitation had been canceled and that all sources, including plaintiff, had been resolicited. The resolicitation was accomplished by RFO MP-X-2709/10-C dated August 20, 1969.
22. With respect to the third solicitation and pursuant to Modifications 27 and 33 of its facilities contract, Chamberlain, with approval of the Army, agreed to procure for the Scranton plant a new forging system for the 155 mm. projectile. The specifications for the project were supplemented and bids were requested on an additional press line. Industry was allowed the option of proposing either a three-press system (i.e., a system where the three forging operations, (1) preform or "cabbage", (2) backward extrude or "pierce", and (3) elongate or "draw" are done by three separate presses) or a two-press system in which the first and second forging operations are done by a single press and the "draw" operation is completed by the second press. The solicitation required that proposals be submitted either on hydraulic or mechanical presses.
23. The press systems involved herein are not "off the shelf" equipment; they must be specially designed. Specifications of the solicitation required that detailed data be submitted describing the structural, dimensional, operational, and functional characteristics of the presses. The solicitation form specifically identified the technical data requested. In addition, a form was provided for a detailed pricing quotation.
24. Eight industrial concerns were solicited. Five corporations submitted proposals before the closing date on September 26, 1969.
25. In accordance with an agreement at the time of the solicitation, each concern submitting a proposal was granted a conference with Chamberlain for the purpose of negotiating its proposal. Following the conference, each concern was granted a time period within which it could correct, supplement, or finalize its proposal.
26. A conference was held between Chamberlain and plaintiff on October 17, 1969 at the Scranton plant with respect to its proposal. During the conference, Chamberlain advised plaintiff its pricing summary was not relevant to the equipment solicited. Plaintiff was also informed that its technical data was insufficient.
27. Plaintiff was afforded until 5:00 p.m., October 24, 1969, to mail its corrected and revised proposal to Chamberlain.
28. The final proposal of plaintiff was limited to the three-press system. No proposal was submitted for a two-press system. Plaintiff's pricing summary was revised to relate to the appropriate system. However, it was not submitted on the proper form required by the solicitation.
29. Defendant contends that plaintiff's proposal was nonresponsive on approximately 160 lines of technical analytical information, representing more than one-third of the technical data sought in the solicitation. In support of its position, defendant has submitted an affidavit by William deFee, Chamberlain Corporation, who had the responsibility of evaluating the bids. Plaintiff contested this allegation of nonresponsiveness and in order to show a material fact requiring trial has submitted the affidavits of its president, Dr. Daniel Lombard and its vice president, Daniel Katko, together with supporting documents. Plaintiff's affidavits deny each of the 160 alleged instances of nonresponsiveness. While the Court feels that plaintiff adequately explained some of the alleged deficiencies, it finds as a fact that as to the general question of whether plaintiff's bid was sufficiently responsive for evaluation, there is no material issue of fact, and that the proposal as finally negotiated was too incomplete for adequate evaluation by Chamberlain.
30. Chamberlain, with Army approval, made awards to E.W. Bliss and Company in the amount of $1,984,610 for two press lines and to Erie Foundry Company in the amount of $1,223,050 for one press line.
31. The Court finds as a fact that plaintiff's proposal was not responsive to the solicitation.
32. In the light of the foregoing the Court finds as a fact that plaintiff was afforded a fair and complete opportunity to compete and that it was not prejudiced by Chamberlain's conduct of negotiations.
Conclusions of Law
Based upon the foregoing findings of fact, the Court concludes as a matter of law:
1. The Court has jurisdiction over this action pursuant to 11 D.C. Code 521(a).
2. Plaintiff Lombard Corporation has standing to sue.
3. The first two solicitations are not material or relevant to a proper disposition of this case.
4. The Chamberlain Manufacturing Corporation is not an indispensable party to these proceedings.
5. This action is not barred by the doctrine of laches.
6. The doctrine of sovereign immunity is inapplicable to this case.
7. All appropriate procedures for making an award of a contract were adhered to by Chamberlain and plaintiff was afforded a fair and complete opportunity to compete.
8. Chamberlain's decision rejecting plaintiff's proposal was not arbitrary and capricious.
9. Defendants are entitled to judgment on their motion for summary judgment.
10. Plaintiff's motion for a preliminary injunction is denied.