B-163202, B-163204, MAR. 18, 1968
Highlights
TO GENERAL CHAPMAN: REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 31 AND FEBRUARY 14 AND 23. THERE ARE ENCLOSED FOR YOUR INFORMATION COPIES OF OUR LETTERS OF TODAY TO THE PROTESTANTS. IT WAS PROVIDED THAT FIRST ARTICLES SHALL BE INSPECTED AND TESTED AND TEST REPORTS FURNISHED WITHIN "THREE HUNDRED-FORTY (340) CALENDAR DAYS AFTER DATE OF CONTRACT.'. IT IS OUR UNDERSTANDING THAT A BIDDER COULD NOT RELY UPON THE FULL 340 DAYS. THE SECOND PARAGRAPH OF (B) (1) OF THE "GENERAL REQUIREMENTS" SECTION IN THE INVITATION INDICATES THAT THE MARINE CORPS SUPPLY ACTIVITY WILL SUBMIT STOCK REPAIR PARTS ORDERS. IT HAS BEEN REPORTED TO US THAT THE MARINE CORPS SUPPLY ACTIVITY IS THE ADMINISTRATIVE CONTRACTING OFFICER FOR THAT FUNCTION PURSUANT TO CONTRACT BRANCH ORDER 4200.20.
B-163202, B-163204, MAR. 18, 1968
TO GENERAL CHAPMAN:
REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 31 AND FEBRUARY 14 AND 23, 1968, REPORTING ON THE PROTESTS OF ELECTROMAGNETIC INDUSTRIES, INC., THE ADT MANUFACTURING DIVISION OF UNITEC INDUSTRIES, INC., AND THE FERMONT DIVISION OF DYNAMICS CORPORATION OF AMERICA WITH RESPECT TO INVITATIONS FOR BIDS M00027-67-B-0127 AND -0129.
THERE ARE ENCLOSED FOR YOUR INFORMATION COPIES OF OUR LETTERS OF TODAY TO THE PROTESTANTS.
IN PARAGRAPH (M) OF THE FIRST ARTICLE CLAUSE IN EACH INVITATION, IT WAS PROVIDED THAT FIRST ARTICLES SHALL BE INSPECTED AND TESTED AND TEST REPORTS FURNISHED WITHIN "THREE HUNDRED-FORTY (340) CALENDAR DAYS AFTER DATE OF CONTRACT.' DESPITE THE BOLD PRINT AND UNDERLINING EMPHASIZING THE TIME REQUIREMENT, IT IS OUR UNDERSTANDING THAT A BIDDER COULD NOT RELY UPON THE FULL 340 DAYS, BUT THAT A BIDDER MUST COMPRESS THE FIRST ARTICLE TIME REQUIREMENT TO MEET THE CONTRACT DELIVERY OBLIGATIONS, ESPECIALLY WITH RESPECT TO SPARE PARTS PROVISIONING. IN THE CIRCUMSTANCES, WE BELIEVE APPROPRIATE CORRECTIVE ACTION SHOULD BE TAKEN IN FUTURE INVITATIONS TO PRECLUDE ANY MISUNDERSTANDING THAT THE FULL 340 DAYS MAY BE RELIED UPON IN BIDDING RESPONSIVELY.
FURTHER, THE SECOND PARAGRAPH OF (B) (1) OF THE "GENERAL REQUIREMENTS" SECTION IN THE INVITATION INDICATES THAT THE MARINE CORPS SUPPLY ACTIVITY WILL SUBMIT STOCK REPAIR PARTS ORDERS, BASED UPON ACCEPTED PROVISIONING LISTS, TO THE CONTRACTING OFFICER. HOWEVER, IT HAS BEEN REPORTED TO US THAT THE MARINE CORPS SUPPLY ACTIVITY IS THE ADMINISTRATIVE CONTRACTING OFFICER FOR THAT FUNCTION PURSUANT TO CONTRACT BRANCH ORDER 4200.20, JUNE 9, 1967. THERE WAS NOTHING CONTAINED IN THE INVITATIONS CONVEYING THAT INFORMATION FOR THE GUIDANCE OF BIDDERS WHO WERE REQUIRED TO STATE TIMES WITHIN WHICH THEY WILL FURNISH PROVISIONING LISTS AFTER FIRST ARTICLE TEST REPORTS. STEPS SHOULD BE TAKEN TO ASSURE THAT THE SITUATION IS ACCURATELY DESCRIBED IN FUTURE INVITATIONS.