B-195105, JAN 29, 1980
Highlights
DIGEST: PROTEST THAT COMPANY'S ALLEGEDLY DEFICIENT PRODUCT SHOULD BE ELIMINATED FROM CONSIDERATION UNDER RFP IS DISMISSED AS ACADEMIC. SINCE COMPANY WAS NOT SUCCESSFUL OFFEROR AND ANOTHER COMPANY THAT WAS DID NOT OFFER THAT PRODUCT. SALINITY CELLS SHOULD BE ELIMINATED FROM CONSIDERATION UNDER RFP N00104-79-R YU30 ISSUED BY THE NAVY SHIPS PARTS CONTROL CENTER BECAUSE MCNAB'S TESTING OF THE PRODUCT INDICATES IT IS NOT MEETING NAVY REQUIREMENTS AND MCNAB SURMISES THAT THE NAVY'S INCREASE IN THE QUANTITY OF CELLS BEING PROCURED IS ATTRIBUTABLE TO THIS DEFICIENCY WHILE THE PROTEST WAS PENDING. OFFERS WERE RECEIVED FROM THREE OFFERORS. BECKMAN WAS NOT THE LOW OFFEROR. IT IS ACADEMIC WHETHER THE BECKMAN CELL SHOULD HAVE BEEN ELIMINATED FROM COMPETITION.
B-195105, JAN 29, 1980
DIGEST: PROTEST THAT COMPANY'S ALLEGEDLY DEFICIENT PRODUCT SHOULD BE ELIMINATED FROM CONSIDERATION UNDER RFP IS DISMISSED AS ACADEMIC, SINCE COMPANY WAS NOT SUCCESSFUL OFFEROR AND ANOTHER COMPANY THAT WAS DID NOT OFFER THAT PRODUCT.
MCNAB, INCORPORATED:
MCNAB, INC., HAS PROTESTED THAT BECKMAN INSTRUMENTS, INC., SALINITY CELLS SHOULD BE ELIMINATED FROM CONSIDERATION UNDER RFP N00104-79-R YU30 ISSUED BY THE NAVY SHIPS PARTS CONTROL CENTER BECAUSE MCNAB'S TESTING OF THE PRODUCT INDICATES IT IS NOT MEETING NAVY REQUIREMENTS AND MCNAB SURMISES THAT THE NAVY'S INCREASE IN THE QUANTITY OF CELLS BEING PROCURED IS ATTRIBUTABLE TO THIS DEFICIENCY
WHILE THE PROTEST WAS PENDING, OFFERS WERE RECEIVED FROM THREE OFFERORS. BECKMAN WAS NOT THE LOW OFFEROR. MARINE ELECTRIC RPD, INC., WHICH OFFERED ITS OWN PART, HAD THE LOWEST ACCEPTABLE OFFER.
THUS, IT IS ACADEMIC WHETHER THE BECKMAN CELL SHOULD HAVE BEEN ELIMINATED FROM COMPETITION. THEREFORE, WE WILL NOT CONSIDER THAT ISSUE. HOWEVER, WE NOTE THAT THE NAVY INTENDS IN THE FUTURE TO INVESTIGATE DEFECTIVE CELL REPORTS FROM PRIVATE SOURCES WITHIN ITS FUNDING LIMITS AND TO ISSUE A SPECIFICATION FOR SUBSEQUENT PROCUREMENTS OF SALINITY CELLS WHICH WILL PROVIDE FOR GOVERNMENT TESTING OF THE CELLS INSTEAD OF THE CURRENT GOVERNMENT-SUPERVISED CONTRACTOR TESTING. THE CHANGE IN PROCEDURES MAY ELIMINATE THE PROBELM MCNAB HAS PRESENTED.
ACCORDINGLY, THE PROTEST IS DISMISSED.