B-156589, AUG. 25, 1965

B-156589, AUG. 25, 1965

TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR THE PACKARD INSTRUMENT COMPANY, INC., IN CONNECTION WITH ITS PROTEST AGAINST THE AWARD OF A CONTRACT TO ANS, INC., UNDER INVITATION FOR BIDS NO. 118-6- 23-64. THIS MATTER WAS THE SUBJECT OF A REPORT DATED JULY 27, 1965, FROM THE ASSISTANT SECRETARY FOR ADMINISTRATION.

WHILE IT IS REPORTED THAT YOUR CONTRACTING OFFICER HAS BEEN INSTRUCTED TO OBSERVE THE PERTINENT PROVISIONS OF THE FEDERAL PROCUREMENT REGULATIONS IN FUTURE BRAND-NAME PROCUREMENTS, WE ARE SOMEWHAT DISTURBED BY THE INDICATIONS IN THE RECORD FURNISHED EITHER THAT YOUR PROTEST REVIEWING PROCEDURES ARE INADEQUATE OR THAT YOUR REVIEWING OFFICIALS HAVE INSUFFICIENT FAMILIARITY WITH OR INTEREST IN THE PROVISIONS OF THE FPR AND PERTINENT DECISIONS OF THIS OFFICE.

WITHIN A FEW DAYS AFTER AWARD OF THE SUBJECT CONTRACT, THE PROTEST HAD BEEN RECEIVED, AND WITHIN A WEEK IT WAS RATHER SUMMARILY REJECTED BY THE SUPPLY OFFICER'S LETTER OF JULY 6, 1964, WITH THE STATED CONCURRENCE OF HIS HEADQUARTERS, ON GROUNDS NOT CONSISTENT WITH THE REQUIREMENTS OF FPR 1 -1.307-6 AND 1-1.307-7 OR WITH DECISIONS OF OUR OFFICE, INCLUDING 36 COMP. GEN. 415; 39 ID. 490; AND 40 ID. 132. WE BELIEVE IT WOULD HAVE BEEN MORE APPROPRIATE IN THE CIRCUMSTANCES TO HAVE SUSPENDED PERFORMANCE UNDER THE CONTRACT AND EITHER TO HAVE CONSIDERED THE PROTEST AT A HIGHER LEVEL OR TO HAVE REFERRED IT TO OUR OFFICE FOR ADVICE. HAD WE BEEN ADVISED OF THE SITUATION WE WOULD HAVE SUGGESTED CANCELLATION OF THE AWARD AND AWARD TO THE NEXT LOW AND RESPONSIVE BIDDER, OR READVERTISING UNDER SPECIFICATIONS MORE CORRECTLY EXPRESSING THE MINIMUM NEEDS OF THE GOVERNMENT.

THE FILE ENCLOSED WITH THE REPORT IS RETURNED, WITH THE EXCEPTION OF THE STAFF REPORT.