B-157470, JAN. 4, 1966
Highlights
TO THE SECRETARY OF DEFENSE: WE ARE ENCLOSING A COPY OF OUR LETTER OF TODAY TO KECO INDUSTRIES. WHILE OUR DENIAL OF THE PROTEST IS BASED PRIMARILY UPON THE CONTRACTING OFFICER'S FINDING THAT DATE OF DELIVERY WAS OF THE ESSENCE AND THAT KECO COULD NOT HAVE OFFERED A DELIVERY SCHEDULE COMPARABLE TO THAT OFFERED BY THERM-AIR EVEN IF PROPOSALS HAD BEEN SOLICITED IN WRITING. WE ARE CONCERNED BY THE FACT THE THE DECISION TO SOLICIT PROPOSALS ORALLY APPEARS TO HAVE BEEN BASED SOLELY UPON THE FACT THAT AN 02 ISSUE PRIORITY DESIGNATOR HAD BEEN ASSIGNED TO THE REQUIREMENT. IT IS OUR OPINION THAT OTHER FACTORS. MAY PROPERLY BE FOR CONSIDERATION IN DETERMINING WHETHER ORAL SOLICITATION OF PROPOSALS ON HIGH PRIORITY ITEMS IS JUSTIFIED.
B-157470, JAN. 4, 1966
TO THE SECRETARY OF DEFENSE:
WE ARE ENCLOSING A COPY OF OUR LETTER OF TODAY TO KECO INDUSTRIES, INC., WHICH DENIES THAT COMPANY'S PROTEST AGAINST ACTION OF THE DEPARTMENT OF THE ARMY IN AWARDING A CONTRACT TO THERM-AIR MANUFACTURING COMPANY FOLLOWING ORAL SOLICITATION OF PROPOSALS TO SUPPLY AIR-CONDITIONERS REQUISITIONED UNDER AN 02 ISSUE PRIORITY DESIGNATOR.
WHILE OUR DENIAL OF THE PROTEST IS BASED PRIMARILY UPON THE CONTRACTING OFFICER'S FINDING THAT DATE OF DELIVERY WAS OF THE ESSENCE AND THAT KECO COULD NOT HAVE OFFERED A DELIVERY SCHEDULE COMPARABLE TO THAT OFFERED BY THERM-AIR EVEN IF PROPOSALS HAD BEEN SOLICITED IN WRITING, WE ARE CONCERNED BY THE FACT THE THE DECISION TO SOLICIT PROPOSALS ORALLY APPEARS TO HAVE BEEN BASED SOLELY UPON THE FACT THAT AN 02 ISSUE PRIORITY DESIGNATOR HAD BEEN ASSIGNED TO THE REQUIREMENT. (SEE CONTRACTING OFFICER'S STATEMENT AND OPINION OF THE LEGAL OFFICER, COPIES ENCLOSED.) IT IS OUR OPINION THAT OTHER FACTORS, SUCH AS THE NATURE OF THE ITEM, THE DOLLAR VALUE OF THE REQUIREMENT, AND THE MINIMUM ESTIMATED TIME REQUIRED FOR MANUFACTURE AND DELIVERY FOLLOWING AWARD, MAY PROPERLY BE FOR CONSIDERATION IN DETERMINING WHETHER ORAL SOLICITATION OF PROPOSALS ON HIGH PRIORITY ITEMS IS JUSTIFIED.
WE THEREFORE RECOMMEND THAT CONSIDERATION BE GIVEN TO THE ISSUANCE OF DEFINITIVE INSTRUCTIONS OR REGULATIONS ON THIS MATTER FOR THE GUIDANCE OF THE PROCURING DEPARTMENTS AND AGENCIES.