B-148555, AUG. 3, 1962

B-148555, AUG. 3, 1962

TO AERO/SPACE DEVICES, INC.:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 11, 1962, REQUESTING INFORMATION AS TO WHETHER SUN AVIATION CORPORATION SUBMITTED "DETAILED" DRAWINGS AS REQUIRED BY REQUEST FOR PROPOSALS NO. 40-604-62 3078, WHICH WAS THE SUBJECT OF YOUR RECENT PROTEST.

THE SOLE PURPOSE OF THE DRAWINGS WAS TO ASSIST THE GOVERNMENT IN EVALUATING THE BID AND DETERMINING WHETHER THE ITEM OFFERED WAS IN FACT EQUAL TO THE BRAND NAME PRODUCT DESCRIBED IN THE REQUEST FOR PROPOSALS. IN ORDER TO INSURE RECEIPT OF SUFFICIENT INFORMATION TO MAKE THIS EVALUATION, BIDDERS WERE REQUESTED TO FULLY DOCUMENT THEIR OFFERINGS BY SUBMITTING DETAILED DRAWINGS, SPECIFICATIONS,TECHNICAL DATA, A CERTIFIED COPY OF TEST REPORTS, AND A SAMPLE, IF REQUESTED BY GOVERNMENT.

IF THE MATERIAL SUBMITTED BY SUN AVIATION CORPORATION WAS SUFFICIENT TO ENABLE AIR FORCE TECHNICAL PERSONNEL TO DETERMINE THAT THE ITEM OFFERED MET THE GOVERNMENT'S REQUIREMENTS, THE DEGREE OF DETAIL OF ANY DRAWINGS INCLUDED THEREIN WOULD NOT APPEAR TO BE AN ISSUE. IT IS THE RESPONSIBILITY OF THE PROCURING AGENCY TO DETERMINE FACTUALLY WHETHER ARTICLES OFFERED MEET THE GOVERNMENT'S NEEDS. 17 COMP. GEN. 554. THIS DETERMINATION INVOLVES A TECHNICAL EVALUATION WHICH IT IS NOT OUR FUNCTION TO REVIEW, AND IN THE ABSENCE OF AN AFFIRMATIVE SHOWING THAT IT IS IN ERROR, WE WILL NOT QUESTION THE SUFFICIENCY OF THE EVIDENCE UPON WHICH IT IS BASED.

SINCE THE AIR FORCE WAS ABLE TO DETERMINE THAT THE GENERATOR OFFERED BY SUN AVIATION CORPORATION WAS EQUAL TO THE ITEM DESCRIBED IN THE REQUEST FOR PROPOSALS, THE CONCLUSION SEEMS JUSTIFIED THAT ANY DRAWINGS CONSIDERED IN MAKING THIS EVALUATION WERE SUFFICIENTLY "DETAILED" FOR THE PURPOSES OF THIS AWARD AND THAT THE RESPONSIVENESS OF THE BID WAS NOT LEGALLY OBJECTIONABLE ON THIS SCORE.