B-142595, JUL. 25, 1960

B-142595, JUL. 25, 1960

TO SUN ELECTRIC CORPORATION:

REFERENCE IS MADE TO YOUR LETTERS OF APRIL 12 AND JULY 1, 1960, WITH ENCLOSURES, RELATIVE TO YOUR PROTEST AGAINST THE USE OF AN ALLEGEDLY RESTRICTIVE SPECIFICATION IN INVITATION FOR BIDS NO. 01-601-60-1615 AND, REQUESTING, IN EFFECT, THAT NO AWARD BE MADE UNDER THE INVITATION, THAT THE INVITATION BE CANCELED, AND THAT THE PROCUREMENT BE READVERTISED UNDER REVISED SPECIFICATIONS ELIMINATING THE RESTRICTIVE REQUIREMENT WITH RESULTANT SAVINGS TO THE GOVERNMENT.

THE INVITATION, AS AMENDED, REQUESTED BIDS TO BE OPENED ON APRIL 1, 1960, FOR THE FURNISHING OF A QUANTITY OF AIRCRAFT GENERATOR TEST STANDS, SUPPORTING DATA AND SPARE PARTS, THE TEST STANDS TO BE FURNISHED IN ACCORDANCE WITH SPECIFICATIONS MIL-T-6333/USAF), AMENDMENT 3, DATED NOVEMBER 29, 1956.

TEN BIDS WERE RECEIVED AND OPENED ON APRIL 1, 1960, AND THE LOWEST BID OF $10,282 PER UNIT FOR THE QUANTITY INCREMENT ADMINISTRATIVELY DETERMINED TO BE REQUIRED (79 UNITS) WAS SUBMITTED BY THE UNITED MANUFACTURING COMPANY DIVISION OF THE W. L. MAXSON CORPORATION, AND YOUR FIRM SUBMITTED THE NEXT LOWEST BID FOR SUCH INCREMENT IN THE AMOUNT OF $10,894.39 PER UNIT. APRIL 5, 1960, YOUR FIRM FILED A PROTEST WITH THE PROCUREMENT AGENCY ALLEGING THAT PARAGRAPH 3.4.2 OF SPECIFICATIONS IS RESTRICTIVE IN THAT ANY POTENTIAL CONTRACTOR WOULD BE REQUIRED TO PROCURE 60 CYCLE INDUCTION MOTORS FROM U.S. ELECTRICAL MOTORS, INC., WHICH IS THE ONLY KNOWN MANUFACTURER OF SUCH A MOTOR WITH "A VARIABLE RATION V-BELT DRIVE" AS SPECIFIED IN SAID PARAGRAPH 3.4.2 OF MIL-T-6333/USAF). IT IS FURTHER ALLEGED THAT THERE IS ANOTHER MOTOR ON THE COMMERCIAL MARKET, KNOWN AS THE WARD-LEONARD SYSTEM, WHICH WOULD SERVE THE GOVERNMENT'S REQUIREMENTS JUST AS WELL AS THE "VARIABLE RATIO V-BELT DRIVE" AND, IN ADDITION, IF USED, WOULD RESULT IN SAVINGS TO THE GOVERNMENT.

IN SUPPORT OF YOUR ALLEGATION THAT THE DRIVE UNIT AS SPECIFIED IS PROPRIETARY, YOU SUBMITTED COPIES OF COMMUNICATIONS FROM 18MANUFACTURERS LISTED IN THOMAS' REGISTER OF MANUFACTURERS UNDER ,DRIVES: VARIABLE SPEED MOTOR," WHICH INDICATE THAT SUCH A DRIVE COULD NOT BE READILY FURNISHED. HOWEVER, THE RECORD BEFORE US SHOWS THAT ALL BIDDERS UNDER THIS PROCUREMENT OBTAINED QUOTATIONS FROM U.S. ELECTRICAL MOTORS, INC., FOR THE MOTOR REQUIRED BY THE SPECIFICATIONS; THAT AT LEAST TWO OF THE 10 BIDDERS INDICATED THAT OTHER SOURCES COULD MANUFACTURE THE MOTOR, AND THAT ONE OF THE BIDDERS STATED THAT IT COULD MANUFACTURE THE MOTOR ITSELF.

ON THE BASIS OF THE RECORD BEFORE US, THEREFORE, WE FIND NO LEGAL GROUNDS TO OBJECT TO THE ADMINISTRATIVE DETERMINATION THAT THE VARIABLE RATION V- BELT DRIVE MEETS THE ADVERTISED REQUIREMENTS OF THE PROCUREMENT AGENCY. SEE 17 COMP. GEN. 554. WHILE YOUR FIRM MAY BE UNWILLING OR UNABLE TO MEET THE SPECIFICATION REQUIREMENTS RESPECTING THE VARIABLE SPEED MOTORS, SUCH FACT IS NOT SUFFICIENT TO WARRANT THE CONCLUSION THAT THE SPECIFICATIONS ARE UNDULY RESTRICTIVE UNDER THE CIRCUMSTANCES OF THIS CASE. 30 COMP. GEN. 368.

ACCORDINGLY, WE WOULD NOT BE REQUIRED TO OBJECT IF A CONTRACT BE AWARDED UNDER THE INVITATION TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER.