B-161712, OCT. 9, 1967

B-161712, OCT. 9, 1967

BIDDERS - RESPONSIBILITY - PRE AWARD SURVEY DECISION TO DEFENSE SUPPLY AGENCY CONCERNING PRE AWARD SURVEY BY HENRY SPEN CO. WHERE A FAVORABLE REPORT OF A PRE AWARD SURVEY TEAM ON A BIDDER'S CAPACITY IS REJECTED BECAUSE OF UNFAMILIARITY WITH THE EQUIPMENT TO BE PROCURED PROCEDURES SHOULD BE REVISED TO PROVIDE THAT ASSIGNED SPECIALISTS WILL HAVE SUFFICIENT BACKGROUND INFORMATION TO ENABLE THEM TO MAKE TECHNICAL EVALUATIONS. ALTERNATIVELY IF INFORMATION CANNOT BE FURNISHED WITHIN ESTABLISHED TIME LIMITATIONS AND ADEQUACY OF SURVEY SPECIALIST'S KNOWLEDGE IS SUBJECT TO QUESTION, THE NECESSITY OR PROPRIETY OF REQUIRING SUCH REPORTS BASED UPON INADEQUATE KNOWLEDGE SHOULD BE REEVALUATED.

TO GENERAL HEDLUND:

REFERENCE IS MADE TO A COMMUNICATION DATED SEPTEMBER 1, 1967, COPY ENCLOSED, FROM THE DEFENSE CONTRACT ADMINISTRATION SERVICES REGION (DCASR), NEW YORK, REGARDING THE PREAWARD SURVEY TAKEN OF THE HENRY SPEN COMPANY UNDER RFQ DAAB07-67-Q-0596. THE COMPANY FILED A PROTEST WITH OUR OFFICE ON JUNE 5, 1967, ALLEGING THAT A FAVORABLE EVALUATION REPORT SUBMITTED BY A MEMBER OF THE DCASR SURVEY TEAM HAD BEEN ARBITRARILY REJECTED IN FAVOR OF NEGATIVE FINDINGS SUBMITTED BY THE PROJECT ENGINEER, FORT MONMOUTH PROCUREMENT DIVISION, WHO HAD ALSO PARTICIPATED IN THE SURVEY.

WHILE WE ARE DENYING THE PROTEST BY LETTER OF THIS DATE, COPY ENCLOSED, WE NOTE THAT THE REFERENCED COMMUNICATION OF SEPTEMBER 1 STATES THAT PROCURING ACTIVITY PERSONNEL PARTICIPATED IN THE SURVEY BECAUSE THE ASSIGNED DCASR REPRESENTATIVES HAD NOT SEEN THE MODEL UNIT OF THE ITEM TO BE PROCURED. IN A REPORT DATED MAY 9, 1967, COPY ENCLOSED, THE ACTING CHIEF, PRODUCTION ENGINEERING BRANCH, DCASR, NEW YORK, INDICATED THAT THE DCASR ENGINEER ATTACHED TO THE SURVEY OF THE COMPANY SUBMITTED A FAVORABLE REPORT ON THE BIDDER'S CAPACITY; HOWEVER, ACCEPTANCE OF THE ENGINEER'S OPINION WAS NOT RECOMMENDED BECAUSE OF THE LATTER'S UNFAMILIARITY WITH THE MODEL UNIT. SINCE THIS SITUATION APPEARS TO HAVE CONTRIBUTED TO THE BIDDER'S DECISION TO PROTEST YOUR AWARD ACTION, YOU MAY WISH TO CONSIDER A REVISION OF YOUR PROCEDURES SO THAT ASSIGNED SPECIALISTS IN FUTURE SURVEYS WILL BE FURNISHED SUFFICIENT BACKGROUND INFORMATION REGARDING THE REQUIRED ITEM, CONSONANT WITH IMPOSED TIME RESTRICTIONS, TO ENABLE THEM TO MAKE TECHNICAL EVALUATIONS WHICH WILL NOT BE DISCOUNTED BECAUSE OF INADEQUATE UNDERSTANDING OF THE REQUIRED DEVICE. ALTERNATIVELY, IF SUCH INFORMATION CANNOT BE FURNISHED WITHIN ESTABLISHED TIME LIMITATIONS, AND THE ADEQUACY OF A SPECIALIST'S KNOWLEDGE IS THEREFORE SUBJECT TO QUESTION, YOU MAY WISH TO RECONSIDER THE NECESSITY OR PROPRIETY OF REQUIRING THE SUBMISSION OF REPORTS BASED UPON SUCH INADEQUATE KNOWLEDGE.