B-157145, MAY 3, 1966
Highlights
TO THE SECRETARY OF THE ARMY: REFERENCE IS MADE TO THE PROTEST BY DEHUMBER HANDELMAATSCHAPPIJ OF AMSTERDAM. THE PROTEST WAS THE SUBJECT OF A LETTER DATED AUGUST 26. ENCLOSED FOR YOUR INFORMATION IS A COPY OF OUR LETTER OF TODAY TO GINSBURG AND FELDMAN. WHICH IS SELF EXPLANATORY. YOUR ATTENTION IS SPECIFICALLY INVITED TO OUR COMMENTS CONCERNING DEHUMBER'S ALLEGATION THAT THE SPECIFICATIONS FOR THE COAL WERE UNDULY RESTRICTIVE. EFFORTS ARE BEING MADE TO HAVE THE BUREAU OF MINES CONDUCT ACTUAL COMBUSTION TESTS OF VARIOUS ASH CONTENT COALS. VIEW OF THE FACT THAT THE RECORD IN SUPPORT OF THE SPECIFICATION REQUIREMENT FOR A MAXIMUM OF 9.75 PERCENT ASH CONTENT FOR ANTHRACITE IS INCONCLUSIVE AND DOES NOT RULE OUT THE POSSIBILITY THAT A HIGHER MAXIMUM ASH CONTENT COAL MAY MEET THE ARMY'S ACTUAL MINIMUM NEEDS AT LESS OVERALL COST TO THE ARMY.
B-157145, MAY 3, 1966
TO THE SECRETARY OF THE ARMY:
REFERENCE IS MADE TO THE PROTEST BY DEHUMBER HANDELMAATSCHAPPIJ OF AMSTERDAM, HOLLAND (DEHUMBER), AND CENTRAL WEST CORPORATION OF NEW YORK, NEW YORK, AGAINST THE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY TO SCHEEPVAART EN STEENKOLEN MAATSCHAPPIJ N.V., ROTTERDAM, HOLLAND, ON JUNE 4, 1965, FOR SOLID FUEL REQUIREMENTS IN SUPPORT OF UNITED STATES ARMED FORCES IN EUROPE UNDER REQUEST FOR PROPOSALS NO. X34-0772 DATED MARCH 5, 1965, ISSUED BY THE UNITED STATES ARMY PROCUREMENT CENTER, FRANKFURT, GERMANY. THE PROTEST WAS THE SUBJECT OF A LETTER DATED AUGUST 26, 1965, AND SUBSEQUENT CORRESPONDENCE, FROM MAJOR GENERAL JOHN A. GOSHORN, DIRECTOR OF PROCUREMENT.
ENCLOSED FOR YOUR INFORMATION IS A COPY OF OUR LETTER OF TODAY TO GINSBURG AND FELDMAN, ATTORNEYS FOR THE PROTESTANTS, WHICH IS SELF EXPLANATORY. YOUR ATTENTION IS SPECIFICALLY INVITED TO OUR COMMENTS CONCERNING DEHUMBER'S ALLEGATION THAT THE SPECIFICATIONS FOR THE COAL WERE UNDULY RESTRICTIVE. BY LETTER DATED NOVEMBER 29, 1965, THE DIRECTOR OF PROCUREMENT ADVISED US THAT IN ORDER TO ASSURE THE IMPARTIALITY OF THE ANTHRACITE SPECIFICATIONS, EFFORTS ARE BEING MADE TO HAVE THE BUREAU OF MINES CONDUCT ACTUAL COMBUSTION TESTS OF VARIOUS ASH CONTENT COALS. VIEW OF THE FACT THAT THE RECORD IN SUPPORT OF THE SPECIFICATION REQUIREMENT FOR A MAXIMUM OF 9.75 PERCENT ASH CONTENT FOR ANTHRACITE IS INCONCLUSIVE AND DOES NOT RULE OUT THE POSSIBILITY THAT A HIGHER MAXIMUM ASH CONTENT COAL MAY MEET THE ARMY'S ACTUAL MINIMUM NEEDS AT LESS OVERALL COST TO THE ARMY, WE RECOMMEND THAT EVERY FEASIBLE EFFORT BE MADE TO EXPEDITE THE TESTS MENTIONED BY THE DIRECTOR OF PROCUREMENT IN ORDER THAT THE RESULTS MAY BE TAKEN INTO CONSIDERATION AT THE EARLIEST PRACTICABLE DATE IN DETERMINING THE GOVERNMENT'S ACTUAL MINIMUM REQUIREMENTS FOR SUCH FUTURE ANTHRACITE PROCUREMENTS.
THE COMPLETE FILE TRANSMITTED TO OUR OFFICE BY VARIOUS LETTERS FROM THE DIRECTOR OF PROCUREMENT IS RETURNED HEREWITH.