B-169067 (2), MAY 28, 1970
Highlights
RESTRICTION UNNECESSARY ALTHOUGH NO CORRECTIVE ACTION IS NOW POSSIBLE ON CONTRACT AWARDED ON BASIS OF SPECIFICATIONS THAT WERE IN FACT RESTRICTIVE. ENCLOSED IS A COPY OF OUR SELF-EXPLANATORY DECISION OF TODAY TO THE PROTESTANT. WE NOTE THAT ALTHOUGH A DETERMINATION WAS MADE THAT THE SPECIFICATIONS AS SET OUT IN THE INVITATION WERE IN FACT RESTRICTIVE. A CONTRACT WAS AWARDED ON THE BASIS OF THE RESTRICTIVE SPECIFICATIONS AND THE CONTRACT HAS BEEN PERFORMED. WHILE NO CORRECTIVE ACTION IS POSSIBLE AT THIS TIME.
B-169067 (2), MAY 28, 1970
CONTRACTS--SPECIFICATIONS RESTRICTIVE--PARTICULAR MAKE--RESTRICTION UNNECESSARY ALTHOUGH NO CORRECTIVE ACTION IS NOW POSSIBLE ON CONTRACT AWARDED ON BASIS OF SPECIFICATIONS THAT WERE IN FACT RESTRICTIVE, SINCE CONTRACT HAS BEEN PERFORMED, CARE SHOULD BE TAKEN IN FUTURE BY NAVY TO PRECLUDE AWARDS ON BASIS OF NEEDLESSLY RESTRICTIVE SPECIFICATIONS.
TO MR. SECRETARY:
BY LETTER DATED APRIL 14, 1970, THE DEPUTY COMMANDER, PURCHASING, NAVAL SUPPLY SYSTEMS COMMAND, FURNISHED OUR OFFICE WITH A REPORT ON THE PROTEST OF THE SPEE-FLO MANUFACTURING CORPORATION CONCERNING THE ALLEGEDLY RESTRICTIVE NATURE OF SPECIFICATIONS CONTAINED IN DEPARTMENT OF THE NAVY INVITATION FOR BIDS NO. N60162-70-B-0035. THE COMPANY ALSO MADE A SIMILAR PROTEST WITH REGARD TO DEPARTMENT OF THE AIR FORCE INVITATION FOR BIDS NO. F09650-70-B-0609.
ENCLOSED IS A COPY OF OUR SELF-EXPLANATORY DECISION OF TODAY TO THE PROTESTANT.
WE NOTE THAT ALTHOUGH A DETERMINATION WAS MADE THAT THE SPECIFICATIONS AS SET OUT IN THE INVITATION WERE IN FACT RESTRICTIVE, A CONTRACT WAS AWARDED ON THE BASIS OF THE RESTRICTIVE SPECIFICATIONS AND THE CONTRACT HAS BEEN PERFORMED. WHILE NO CORRECTIVE ACTION IS POSSIBLE AT THIS TIME, WE URGE THAT CARE BE TAKEN IN THE FUTURE TO PRECLUDE AWARDS ON THE BASIS OF NEEDLESSLY RESTRICTIVE SPECIFICATIONS.