B-164066, JUL. 2, 1968

B-164066, JUL. 2, 1968

TO POWER AND CONTROL EQUIPMENT, INC.:

THIS IS IN REPLY TO YOUR CORRESPONDENCE PROTESTING THE USE OF RESTRICTIVE SPECIFICATIONS FOR BOILER AND BOILER FEED EQUIPMENT IN CONNECTION WITH INVITATION FOR BIDS NO. BIA-0150-68-7, FOR THE CONSTRUCTION OF THE PHOENIX MEDICAL CENTER (INDIAN HEALTH HOSPITAL), PHOENIX, ARIZONA.

ESSENTIALLY YOU HAVE TAKEN THE POSITION THAT THE SPECIFICATIONS FOR BOILER AND BOILER FEED EQUIPMENT PRECLUDE THE USE OR OFFERING OF EQUIPMENT PRODUCED BY ANY MANUFACTURER OTHER THAN CLEAVER-BROOKS CO. (C B), A BOILER MANUFACTURER, AND SCHAUB ENGINEERING CO., A MANUFACTURER OF BOILER FEED EQUIPMENT.

SPECIFICALLY, YOU CONTEND THAT SPECIFICATIONS FOR BOILER FEED CONTROLS AND PUMPS ARE RESTRICTIVE IN THAT "MODULEVEL" AND "ULTRADYNE" ARE STATED AS REQUIREMENTS FOR THE CONTROL AND PUMPS, RESPECTIVELY. IN THIS REGARD THE CONTRACTING OFFICER HAS TAKEN THE POSITION THAT SUCH SPECIFICATIONS ARE NECESSARY TO SATISFY THE GOVERNMENT'S ACTUAL REQUIREMENTS. IN A REPORT TO THIS OFFICE HE STATES, IN PERTINENT PART, AS FOLLOWS:"THE TERM - MODULEVEL- IS A TRADE NAME FOR FEED WATER CONTROLS MANUFACTURED BY MAGNETROL, INC. IN THE SPECIFICATIONS COVERING THE DEAERATOR, PARAGRAPH 36 OF DIVISION 15 - MECHANICAL, OF THE ADVERTISED SPECIFICATIONS, MAGNETROL CONTROL DEVICES ARE FREQUENTLY REFERRED TO. THESE REFERENCES ARE ALL SUBJECT TO THE -OR EQUAL- PROVISIONS AND THUS PERMIT THE USE OF CONTROLS OF OTHER MANUFACTURERS THAT WILL ACHIEVE THE FUNCTIONS SPECIFIED OR PERFORMANCE SOUGHT. "THE TERM -ULTRADYNE- IS A TRADE NAME FOR A PUMP MANUFACTURED BY SCHAUB ENGINEERING CO. THE TERM DOES NOT APPEAR IN THE SPECIFICATIONS OR ON THE DRAWINGS. THE SPECIFICATIONS, PARAGRAPH 36F OF DIVISION 15C, INCLUDE THE FOLLOWING PROVISIONS PERTINENT TO THE PUMP: "FURNISH 2 MULTI-STAGE CENTRIFUGAL BOILER FEED PUMPS, EACH HAVING CAPACITY OF 65 GPM AT 290 FEET TOTAL DISCHARGE HEAD. PUMP SHALL HAVE 220 DEGREES F., MECHANICAL SHAFT SEAL. PUMP SHALL NOT CAVITATE NOR OVERLOAD DRIVING MOTOR BEYOND ITS ALLOWABLE SERVICE FACTOR NOR DEMAND MORE THAN 2 FEET NPSH AT ANY HEAD POINT BETWEEN 50 PERCENT AND 125 PERCENT OF THE SPECIFIED TOTAL DISCHARGE HEAD. CONTRACTOR SHALL SUBMIT A CERTIFIED PUMP PERFORMANCE CURVE SHOWING ALL CAPACITY-HEAD POINTS AT 2 FEET NPSH. "DISCHARGE END OF PUMP SHALL HAVE ROTATABLE CONNECTION AND SHALL INCORPORATE NON-SLAM, NICKEL-SILVER TRIMMED CHECK VALVE ACCESSIBLE THROUGH END CAP WITHOUT DISTURBING PIPING CONNECTION. "DRIVING MOTOR SHALL BE 7- 1/2 HP, 3500 RPM FLEXIBLE COUPLED TYPE. ELECTRICAL CHARACTERISTICS SHALL BE AS SHOWN ON THE ELECTRICAL DRAWINGS. "PUMP SETS SHALL BE MOUNTED ON CHANNEL IRON BASE PREDRILLED FOR ADEQUATELY SIZED FOUNDATION BOLTS. ALL WORKING PARTS OF THE PUMP ASSEMBLY SHALL BE WARRANTED FOR 5 YEARS, EXCEPT SHAFT SEAL AND MOTOR-END BEARINGS WHICH SHALL BE WARRANTED FOR 2 YEARS. PUMP SHALL FURTHER BE WARRANTED TO RETAIN AT LEAST 85 PERCENT OF ITS SPECIFIED CAPACITY FOR 5 YEARS. PUMPS SHALL BE FURNISHED WITH 4-1/2 INCHES DIAL CERTIFIED PRESSURE GAUGE WITH RECALIBRATOR FEATURE, SIPHON PIPE AND TEE COCK. "THE PUMPS ARE SHOWN ON DRAWING, SEQUENCE 167 (SEE PORTION OF THE DRAWING OVER THE TITLE, -PART PLAN OF MACHINE RM FLOOR AND LOWER MEZZANINE-). THE NAME OF THE MANUFACTURER IS NOT SHOWN ON THE DRAWINGS. HOWEVER, COMPARISON OF THE QUOTED SPECIFICATIONS WITH SCHAUB LITERATURE REVEALS THE SPECIFICATION IS ADAPTED FROM SCHAUB -ULTRADYNE- SPECIFICATIONS, BULLETIN NO. 1-110. A COPY OF THE BULLETIN IS ENCLOSED. "THE BOILER FEED WATER PUMPS ARE SPECIFIED TO BE MULTISTAGE, CENTRIFUGAL PUMPS AND ARE TO OPERATE FROM A TWO-FOOT NET POSITIVE SUCTION HEAD TO A DISCHARGE OF 290 FEET TOTAL DISCHARGE HEAD WHILE PUMPING 65 GALLONS PER MINUTE OF WATER. THE PUMPS ARE ALSO SPECIFIED TO HAVE A DRIVING MOTOR (ELECTRIC) OF 7-1/2 HORSEPOWER AT 3500 RPM. THE ONLY PUMP KNOWN TO THIS OFFICE TO MEET ALL OF THESE REQUIREMENTS IS THE ULTRADYNE MANUFACTURED BY SCHAUB ENGINEERING COMPANY. THE PRIMARY REASON FOR SPECIFYING THIS SPECIFIC PUMP IS THE LOW HORSEPOWER REQUIREMENT. A REVIEW OF OTHER KNOWN PUMP MANUFACTURERS' CATALOG DATA AVAILABLE TO THIS OFFICE REVEALS THAT ONLY TURBINE TYPE PUMPS WHICH WOULD OPERATE FROM 3-FOOT NET POSITIVE SUCTION HEAD TO A DISCHARGE OF 300 FEET TOTAL DISCHARGE HEAD AT 65 GPM FLOW COULD BE FURNISHED FOR THIS APPLICATION; BUT, DUE TO THE LOW EFFICIENCY OF THE TURBINE TYPE UNIT, IT WOULD REQUIRE APPROXIMATELY 17.2 BRAKE HORSEPOWER OR A NOMINAL 20 HORSEPOWER ELECTRIC MOTOR. "THE BOILER FEED WATER PUMPS ALONG WITH THE MAJORITY OF THE MORE ESSENTIAL ITEMS OF HEATING AND AIR CONDITIONING EQUIPMENT ARE REQUIRED TO BE CONNECTED TO THE EMERGENCY ELECTRICAL POWER SOURCE. THE EMERGENCY POWER SOURCE IS A LOW- PRESSURE, NATURAL GAS, ENGINE-DRIVEN GENERATOR. TO EFFECT THE MOST ECONOMICAL SIZE SELECTION FOR THE EMERGENCY POWER UNIT, AND TO COPE WITH SPACE LIMITATIONS, THE ARCHITECT-ENGINEER MADE EVERY EFFORT TO KEEP THE POWER REQUIREMENTS FOR THE ITEMS CONNECTED TO THE EMERGENCY GENERATOR TO A MINIMUM. THE COSTS OF INCREASING THE SIZE OF THE ITEMS CONNECTED TO THE EMERGENCY GENERATOR WOULD BE COMPOUNDED BY ADDITIONAL COSTS OF A LARGER EMERGENCY POWER GENERATOR UNIT (ESTIMATED TO BE $11,500), OF LARGER ELECTRICAL SWITCHING AND CONTROL EQUIPMENT, AND THE COSTS OF INCREASING THE SIZE OF THE MECHANICAL BUILDING TO ACCOMMODATE THE LARGER GENERATOR UNIT. "THE TOTAL CONNECTED LOAD ON THE EMERGENCY GENERATOR IS APPROXIMATELY 365 KILOWATTS. THE GENERATOR SPECIFIED FOR THIS PROJECT IS TO HAVE 500 KILOWATT CAPACITY. IT WOULD APPEAR THAT THERE IS 135 KILOWATTS AVAILABLE FOR ADDITIONAL ELECTRICAL LOADS. THE APPARENT DISCREPANCY IS EXPLAINED BY THE FACT THAT THE POWER (KILOWATTS) REQUIRED TO START ELECTRIC MOTORS IS 6 TO 7 TIMES THE POWER (KILOWATTS) REQUIRED TO OPERATE THE MOTOR AT RATED RPM. FOR EXAMPLE, A 15-HORSEPOWER, 440 VOLT, 3 -PHASE, 60-CYCLE MOTOR, COMMONLY FURNISHED ON HEATING AND AIR CONDITIONING EQUIPMENT REQUIRES APPROXIMATELY 12.2 KILOWATTS TO OPERATE AT RATED SPEED WHILE IT REQUIRES APPROXIMATELY 75.6 KILOWATTS FOR STARTING OR A DIFFERENCE OF 63.4 KILOWATTS. A 7-1/2-HORSEPOWER, 440-VOLT, 3-PHASE, 60- CYCLE MOTOR OF THE TYPE UNDER CONSIDERATION, REQUIRES APPROXIMATELY 6.5 KILOWATTS TO OPERATE WHILE IT REQUIRES 42.2 KILOWATTS TO START. A 20- HORSEPOWER MOTOR OF THE SAME ELECTRICAL CHARACTERISTICS REQUIRES APPROXIMATELY 15.8 KILOWATTS TO RUN AND APPROXIMATELY 100 KILOWATTS FOR STARTING. "WHEN THE DESIGN ENGINEER SELECTS THE SIZE OF THE EMERGENCY GENERATOR FOR A PROJECT, HE MUST NOT ONLY CONSIDER THE POWER (KILOWATTS) REQUIRED FOR OPERATION AT RATED RPM BUT ALSO MUST CONSIDER THE POWER (KILOWATTS) REQUIRED FOR STARTING. AS DESCRIBED ABOVE THE DESIGN ENGINEER ACCOUNTED FOR THE REQUIRED ITEMS, EVEN THOUGH IT NECESSITATED A SOMEWHAT PROPRIETARY SPECIFICATION ON SOME ITEMS TO GIVE THE GOVERNMENT A DESIGN MEETING ITS MINIMUM REQUIREMENTS WITH THE DESIRED ECONOMY OF CONSTRUCTION AND OPERATION.'

IT APPEARS THEREFORE THAT IT IS THE CONSIDERED JUDGMENT OF ADMINISTRATIVE PERSONNEL RESPONSIBLE FOR THE PROCUREMENT THAT THE NEEDS AND INTERESTS OF THE HEALTH CENTER WILL BE BEST SERVED BY ,MODULEVEL" AND "ULTRADYNE" TYPE BOILER FEED CONTROLS AND PUMPS. THIS OFFICE HAS CONSISTENTLY STATED THAT THE PRIMARY RESPONSIBILITY FOR MAKING FACTUAL DETERMINATIONS AS TO THE NEEDS OF THE GOVERNMENT AND THE BEST MANNER OF SATISFYING THOSE NEEDS IS THAT OF THE PROCURING ACTIVITY AND IN THE ABSENCE OF BAD FAITH OR LACK OF A REASONABLE BASIS FOR THE ACTION TAKEN, WE ARE NOT REQUIRED TO OBJECT. 45 COMP. GEN. 365, 368. IN THE PRESENT SITUATION WE FIND NO SUFFICIENT BASIS FOR OBJECTING TO THE SPECIFICATIONS FOR BOILER FEED CONTROLS AND PUMPS.

WITH REGARD TO YOUR ALLEGATIONS RELATIVE TO CERTAIN DUCT WORK DESIGN OVER REAR OF BOILER SO AS TO MAKE IT ECONOMICALLY IMPOSSIBLE TO INSTALL A THREE -PASS BOILER, THE CONTRACTING OFFICER STATES THAT THE APPLICABLE DRAWING (SEQUENCE 166) SHOWS NO SUCH DUCT WORK. INASMUCH AS YOU HAVE NOT REFERRED TO ANY SPECIFIC EVIDENCE IN SUPPORT OF YOUR POSITION WE MUST ACCEPT THE CONTRACTING OFFICER'S STATEMENT AS CONTROLLING.

IN CONNECTION WITH THE BOILER SPECIFICATIONS YOU SPECIFICALLY ALLEGE THAT THEY ARE TAKEN VERBATIM FROM THE C-B GENERAL SPECIFICATION MANUAL, AND ARE CONTRARY TO THE BOILER PREFERENCES ORIGINALLY REQUESTED BY THE OPERATING ACTIVITY IN PHOENIX WHICH WERE NOT PROPRIETARY AND COVERED ONLY THOSE ITEMS NECESSARY TO INSURE THE GOVERNMENT OF QUALITY AND LOW MAINTENANCE EQUIPMENT. YOU FURTHER STATE THAT THE SPECIFICATIONS AS FINALLY ISSUED RESULTED FROM POLITICAL AND OTHER INFLUENCES APPLIED BY C-B AND THAT THE OPERATING PERSONNEL IN PHOENIX ARE BEING FORCED TO ACCEPT C-B BOILERS EVEN THOUGH THEY HAVE FOUND SUCH EQUIPMENT NOW IN USE TO BE EXTREMELY COSTLY TO MAINTAIN.

WITH REGARD TO YOUR POSITION CONCERNING THE NONUSE OF THE SPECIFICATIONS REQUESTED BY THE OPERATING ACTIVITY, WE ARE ADVISED THAT THE RESPONSIBILITY FOR DEVELOPMENT OF PLANS AND SPECIFICATIONS, PREPARATION AND ISSUANCE OF INVITATIONS FOR BIDS, AND AWARD AND ADMINISTRATION OF THE CONSTRUCTION CONTRACT LIES WITH THE BUREAU OF INDIAN AFFAIRS (BIA), BRANCH OF PLANT DESIGN AND CONSTRUCTION (BPDC), PURSUANT TO AN AGREEMENT BETWEEN THE U.S. PUBLIC HEALTH SERVICE (PHS) AND BIA. ACCORDINGLY A FIXED-PRICE CONTRACT FOR THE ARCHITECTURAL AND ENGINEERING SERVICES TO DESIGN PHOENIX MEDICAL CENTER, INCLUDING PREPARATION OF PLANS AND SPECIFICATIONS, WAS AWARDED ON FEBRUARY 28, 1966, BY BPDC TO LESCHER AND MAHONEY, ARCHITECTS AND ENGINEERS, LTD.,PHOENIX. THE ARCHITECT-ENGINEER, WITH THE APPROVAL OF THE CONTRACTING OFFICER, RETAINED THE FIRM OF LOWRY AND SORENSON ENGINEERING CO., INC., PHOENIX, TO PERFORM THE MECHANICAL DESIGN SERVICES.

IN HIS REPORT TO THIS OFFICE THE CONTRACTING OFFICER (CHIEF, BPDC) EXPLAINS THAT IN THE PERFORMANCE OF SERVICES THE ARCHITECT-ENGINEER WAS FREE TO CONSULT WITH INDIAN HEALTH AREA OFFICE PERSONNEL IN PHOENIX AND VICE VERSA. HOWEVER, ALL DESIGN SERVICES OF THE ARCHITECT ENGINEER WERE SUBJECT TO THE REVIEW AND APPROVAL OF THE WASHINGTON OFFICE OF PHS AND, FINALLY, OF THE CONTRACTING OFFICER. ACCORDINGLY, ANY SPECIAL DESIGN CONSIDERATIONS SOUGHT BY PERSONNEL IN PHOENIX WERE REQUIRED TO BE SUBMITTED FOR CONSIDERATION OF THE WASHINGTON OFFICE OF PHS AND TO BE ORDERED OR APPROVED BY THE CONTRACTING OFFICER. EXCEPT FOR YOUR STATEMENTS, THE RECORD DOES NOT INDICATE THAT OPERATING PERSONNEL IN PHOENIX ARE IN ANY WAY DISSATISFIED WITH THE SPECIFICATIONS ISSUED. MOREOVER, THE CONTRACTING OFFICER'S REPORT STATES THAT IN THE EXPERIENCE OF BPDC, BOTH THE C-B AND SCHAUB EQUIPMENTS SPECIFIED AFFORD AN ACCEPTABLE STANDARD OF QUALITY.

IN YOUR CORRESPONDENCE YOU OBJECT TO THE FACT THAT THE BOILER WIRING DIAGRAM SHOWN ON SEQUENCE 190 OF THE SPECIFICATIONS IS FOR C-B BOILERS. HOWEVER, WE NOTE THAT THE SPECIFICATIONS FURTHER PROVIDE THAT MODIFICATIONS TO SUIT THE PARTICULAR EQUIPMENT OF OTHER MANUFACTURERS MAY BE REQUIRED AND THAT DIAGRAMS FOR SUCH EQUIPMENT SHOULD BE SUBMITTED FOR APPROVAL.

THE CONTRACTING OFFICER ADMITS THAT THE BOILER SPECIFICATIONS AND DRAWINGS WERE PREPARED RESORTING TO C-B LITERATURE, BUT WITH VARIATIONS DESIGNED TO AVOID A CLOSED SPECIFICATION. IN VIEW OF YOUR POSITION IN THIS MATTER HE HAS CLOSELY EXAMINED THE BOILER SPECIFICATIONS ISSUED AND HAS COMPARED FOUR BOILER MODELS OF DIFFERENT MANUFACTURE THEREWITH. INCORPORATE INTO THIS DECISION HIS COMPARISON REPORT AND ENCLOSE A COPY HEREWITH. HE HAS ALSO OFFERED THE FOLLOWING CONCLUSIONS AS REGARDS THE BOILERS SPECIFICATIONS: "IN THE MAIN THE LAYOUT GUIDE AND PRODUCT SPECIFICATIONS INCLUDE PERFORMANCE REQUIREMENTS AND DESIGN CHARACTERISTICS WHICH ARE ESSENTIAL AND AVAILABLE IN THE BOILER OF ANY MANUFACTURER COMPATIBLE WITH THE MINIMUM REQUIREMENTS OF THE PROJECT; AND THE USE OF LANGUAGE FROM THE CLEAVER-BROOKS PRODUCT SPECIFICATIONS TO THIS EXTENT WE DO NOT CONSIDER TO BE OBJECTIONABLE; THIS CONFORMS TO GENERAL PRACTICE IN THE PREPARING OF BOILER SPECIFICATIONS. "A CAREFUL COMPARISON REVEALS THAT PARAGRAPH 34 IN THE SPECIFICATIONS ABSTRACT ENCLOSED DOES INCLUDE TREATMENT OF DETAILS FROM WHICH PECULIARITY TO CLEAVER-BROOKS EQUIPMENT IS SUGGESTED. A COMPARISON OF THESE DETAILS WITH THE PRODUCTS OF OTHER FIRMS IS SHOWN ON THE ENCLOSED TABULATION ENTITLED, BOILER COMPARISON FOR PHOENIX MEDICAL CENTER.- YOU WILL OBSERVE THAT IN EVERY CASE THE FEATURES STUDIED WERE AVAILABLE IN THE PRODUCTS OF OTHER FIRMS, EITHER WITHOUT SIGNIFICANT VARIATION OR WITH VARIATIONS WHICH ARE ACCEPTABLE TO THE GOVERNMENT UNDER THE SPECIFICATIONS FOR PHOENIX MEDICAL CENTER. "IN THIS CONNECTION, IT IS NOT REQUIRED THAT ALL BOILER MANUFACTURERS USE THE SAME SPECIFIC COMPONENTS TO ACHIEVE THE DESIRED END RESULTS, AND IT WOULD BE VERY UNUSUAL IF THIS DID OCCUR. SUBMITTALS DURING THE CONSTRUCTION PERIOD ARE CHECKED BY THIS OFFICE TO ASSURE THAT THE INTEGRAL PARTS WILL ACCOMPLISH THE DESIRED END RESULTS SOUGHT IN THE SPECIFICATION. * * * * * * * "COMPETITION WAS NOT FORECLOSED BY THE SPECIFICATIONS COMPLAINED OF, AT LEAST SO FAR AS THE BOILER IS CONCERNED. EXAMINATION OF LITERATURE CONTAINED IN OUR FILES AND FURNISHED BY REPUTABLE BOILER MANUFACTURERS INDICATES THAT AT LEAST THE FOLLOWING COMPANIES CAN SUPPLY BOILERS THAT WILL MEET THE ADVERTISED SPECIFICATIONS, WITH VARIATIONS MENTIONED EARLIER OF MINOR SIGNIFICANCE AND, IN ANY EVENT, ACCEPTABLE: CLEAVER-BROOKS; ORR AND SEMBOWER; AMERICAN STANDARD KEWANEE; AND YORK-SHIPLEY 588 SERIES. DO NOT HAVE SUFFICIENT LITERATURE FOR CHECKING THE ACCEPTABILITY OF BOILERS BY MILWAUKEE RELIANCE BOILER WORKS OF WHICH POWER AND CONTROL EQUIPMENT, INC., IS A REPRESENTATIVE. ,BROWN-OLDS CORPORATION, MECHANICAL INDUSTRIAL CONTRACTORS, EL PASO, TEXAS, THE SUBCONTRACTOR LISTED (UNDER MANDATORY SUBCONTRACTOR LISTING PROVISIONS OF THE INVITATION) FOR HEATING, AIR CONDITIONING AND VENTILATING BY SIX OF THE NINE BIDS RECEIVED ON THE PHOENIX MEDICAL CENTER ADVERTISING (INCLUDING THE GENERAL CONTRACTOR TO WHOM THE AWARD WAS MADE), HAS INFORMED US, IN LETTER DATED MAY 16, 1968, COPY ENCLOSED, THAT BOILER QUOTATIONS WERE RECEIVED FROM SUPERIOR BOILERS, AMERICAN STANDARD, ORR AND SEMBOWER, AND BOILER ENGINEERING (BOILER ENGINEERING AND SUPPLY CO., MANUFACTURER OF -CONTINENTAL- BOILERS). ONLY ONE OF THESE FIRMS INDICATED AN EXCEPTION TO THE SPECIFICATIONS, SUPERIOR NOTING ITS BID TO BE ON A TWO-PASS BOILER. INFORMATION RECEIVED INFORMALLY IS INDICATIVE THAT CLEAVER-BROOKS FURNISHED QUOTATIONS TO AT LEAST ONE OF THE MECHANICAL CONSTRUCTION FIRMS BIDDING ON THE HEATING, AIR CONDITIONING AND VENTILATING CATEGORIES, BUT THIS FIRM IS NOT LISTED BY BROWN-OLDS AS ONE FROM WHICH A QUOTATION WAS RECEIVED.'

IN VIEW OF THE FOREGOING, AND SINCE THE CONTRACTING OFFICER'S OWN EVALUATION INDICATES THAT THE SPECIFICATIONS INCLUDED SEVERAL UNESSENTIAL PROPRIETARY FEATURES, WE MUST AGREE THAT THEY WERE UNNECESSARILY DETAILED. HOWEVER, IT DOES NOT APPEAR THAT ANY HEATING CONTRACTOR REQUESTED BY A GENERAL CONTRACTOR TO QUOTE ON THIS ASPECT OF THE CONSTRUCTION EITHER DECLINED TO OFFER EQUIPMENT WHICH WOULD HAVE SATISFIED THE GOVERNMENT'S ACTUAL NEEDS OR INCREASED ITS QUOTATION IN ORDER TO PROVIDE THE GOVERNMENT WITH THE SEVERAL UNESSENTIAL REQUIREMENTS STATED. IT SHOULD ALSO BE NOTED THAT THE OFFICE ISSUING THE INVITATION WAS NOT REQUESTED BY ANY POTENTIAL BIDDER TO PROVIDE AN EXPLANATION REGARDING THESE SPECIFICATIONS PURSUANT TO PARAGRAPH ONE OF THE "INSTRUCTIONS TO BIDDERS" IN THE INVITATION. FURTHERMORE, IT APPEARS THAT COMPETITION WAS OBTAINED SINCE IT IS REPORTED THAT THE SUCCESSFUL HEATING SUBCONTRACTOR, BROWN OLDS CORPORATION, QUOTED A PRICE TO THE GENERAL CONTRACTOR BASED UPON QUOTATIONS FROM FOUR BOILER MANUFACTURERS, THREE OF WHOM QUOTED PRICES WITHOUT TAKING ANY EXCEPTION TO THE SPECIFICATIONS.

UNDER THE CIRCUMSTANCES, AND SINCE IT WOULD APPEAR THAT BROWN-OLDS CORPORATION IS SUPPLYING BOILERS MANUFACTURED BY A SUPPLIER OTHER THAN CLEAVER-BROOKS, WE CANNOT CONCLUDE THAT THE SPECIFICATIONS WERE SO RESTRICTIVE AS TO AFFORD A PROPER BASIS FOR QUESTIONING THE VALIDITY OF THE CONTRACT OR SUBCONTRACTS AWARDED THEREUNDER. WE ARE, HOWEVER, ADVISING THE SECRETARY OF THE INTERIOR TO TAKE SUCH ACTION AS MAY BE APPROPRIATE TO ELIMINATE UNNECESSARY REQUIREMENTS, WHICH WOULD BE SUBJECT TO WAIVER BY THE CONTRACTING OFFICER, FROM THE SPECIFICATIONS IN FUTURE PROCUREMENTS.

FINALLY, YOUR CORRESPONDENCE REFERS TO A C-B ATTACK UPON MILWAUKEE RELIANCE BOILER WORKS BY A MEMORANDUM DATED JUNE 2, 1967, IN WHICH WAS ENCLOSED A DUN AND BRADSTREET REPORT ON THE FIRM. ALTHOUGH IT IS ALLEGED THESE WERE FREELY CIRCULATED THROUGHOUT BIA AND OTHER OFFICES, BOTH THE CONTRACTING OFFICER AND THE DEPUTY SURGEON GENERAL HAVE REPORTED THAT THESE DOCUMENTS DID NOT COME TO THEIR ATTENTION UNTIL SUPPLIED IN CONNECTION WITH YOUR PROTEST, AND WE CANNOT THEREFORE FIND THAT THE SPECIFICATIONS WERE INFLUENCED THEREBY.