B-154544, OCT. 12, 1964
Highlights
C. CARTER COMPANY: REFERENCE IS MADE TO A COPY OF A LETTER DATED JULY 21. OUR INQUIRY INTO THE MATTER HAS REVEALED THAT THERE WAS AN EXPRESS AGREEMENT ENTERED INTO BETWEEN THE NAVY AND THE AIR FORCE IN APRIL 1959 WHEREIN IT WAS AGREED THAT THE BUREAU OF AERONAUTICS. ALTHOUGH THE NEGATIVE TEST RERUN RESULTS MAY NOT HAVE BEEN COMMUNICATED TO THE J. C. CARTER COMPANY AND IT MAY NOT HAVE RECEIVED FORMAL NOTICE OF THE REMOVAL OF ITS PRODUCT FROM THE QUALIFIED PRODUCTS LIST. WE CAN UNDERSTAND THAT SOME MISUNDERSTANDING MAY HAVE BEEN GENERATED BY THE FACT THAT THE AERONAUTICAL SYSTEMS DIVISION REPLIED TO THE BUREAU OF NAVAL WEAPONS ON MARCH 23. RECOMMENDED THAT THE PRODUCT NOT BE REMOVED FROM THE LISTING AT THAT TIME AND BY THE FACT THAT NO REPLY WAS MADE TO THIS LETTER.
B-154544, OCT. 12, 1964
TO MR. WILLIAM W. SAXTON, SALES MANAGER, THE J. C. CARTER COMPANY:
REFERENCE IS MADE TO A COPY OF A LETTER DATED JULY 21, 1964, TO THE QUARTERMASTER GENERAL OF THE MARINE CORPS, PROTESTING OUR DECISION OF JUNE 30, 1964, REGARDING THE PROTEST OF THE FIRESTONE TIRE AND RUBBER COMPANY UNDER INVITATION FOR BIDS 98.
OUR INQUIRY INTO THE MATTER HAS REVEALED THAT THERE WAS AN EXPRESS AGREEMENT ENTERED INTO BETWEEN THE NAVY AND THE AIR FORCE IN APRIL 1959 WHEREIN IT WAS AGREED THAT THE BUREAU OF AERONAUTICS, THE PREDECESSOR TO THE BUREAU OF NAVAL WEAPONS, WOULD GRANT QUALIFICATION APPROVAL FOR QUALIFIED PRODUCTS LISTING BASED UPON REQUESTS OF THE AIR FORCE BUT WITH THE EXPRESS UNDERSTANDING THAT IF THE PRODUCTS FAILED TO PASS BUREAU QUALIFICATION TEST RERUNS THEY WOULD BE DELETED FROM THE QUALIFIED PRODUCTS LISTING. IN THAT REGARD, THE RECORD SHOWS THAT WHEN THE AIR FORCE AERONAUTICAL SYSTEMS DIVISION ADVISED THE J. C. CARTER COMPANY ON JUNE 7, 1961, OF QUALIFICATION APPROVAL, IT STATED THAT SHOULD THE NOZZLE FAIL TO MEET QUALIFICATION TEST RERUN BY THE NAVY BUREAU OF AERONAUTICS IT WOULD BE REMOVED FROM THE QUALIFIED PRODUCTS LIST. ALTHOUGH THE NEGATIVE TEST RERUN RESULTS MAY NOT HAVE BEEN COMMUNICATED TO THE J. C. CARTER COMPANY AND IT MAY NOT HAVE RECEIVED FORMAL NOTICE OF THE REMOVAL OF ITS PRODUCT FROM THE QUALIFIED PRODUCTS LIST, THE FACT REMAINS THAT ON MARCH 1, 1962, THE CHIEF OF THE BUREAU OF NAVAL WEAPONS WROTE THE COMMANDING OFFICER OF THE AERONAUTICAL SYSTEMS DIVISION THAT THE J. C. CARTER NOZZLE HAD FAILED TO PASS THE QUALIFIED TESTS AND SHOULD BE REMOVED FROM THE QUALIFIED PRODUCTS LIST. WE CAN UNDERSTAND THAT SOME MISUNDERSTANDING MAY HAVE BEEN GENERATED BY THE FACT THAT THE AERONAUTICAL SYSTEMS DIVISION REPLIED TO THE BUREAU OF NAVAL WEAPONS ON MARCH 23, 1962, AND RECOMMENDED THAT THE PRODUCT NOT BE REMOVED FROM THE LISTING AT THAT TIME AND BY THE FACT THAT NO REPLY WAS MADE TO THIS LETTER; NEVERTHELESS, UNDER THE TERMS OF THE APRIL 1959 AGREEMENT BETWEEN THE SERVICES AND THE JULY 1961 QUALIFICATION APPROVAL BY THE AERONAUTICAL SYSTEMS DIVISION, THE PRODUCT WAS NOT ELIGIBLE FOR CONTINUED QUALIFIED PRODUCTS LISTING BECAUSE OF THE NEGATIVE TEST RERUN RESULTS.
WHILE YOU INDICATE THAT YOU HAVE BEEN AWARDED NAVY CONTRACTS BASED UPON THE JULY 1961 QUALIFICATION APPROVAL, YOUR PRODUCT WAS NOT ELIGIBLE FOR CONSIDERATION UNDER THE TERMS OF THE APRIL 1959 AGREEMENT OR JULY 1961 CONDITIONAL QUALIFICATION BECAUSE OF THE NEGATIVE TEST RERUN RESULTS.
WE THEREFORE DO NOT FEEL WARRANTED IN DISTURBING OUR JUNE 30 DECISION.