B-128587, MAY 20, 1957

B-128587: May 20, 1957

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TO Y B F CORPORATION: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 11. THREE BIDS WERE RECEIVED. INCLUDING ONE FROM THE MANUFACTURER WHOSE PRODUCT WAS SPECIFIED ON THE INVITATION AS ACCEPTABLE. THE CONTRACTING OFFICER DETERMINED YOUR BID WAS NOT RESPONSIVE AND PROPOSED AN AWARD TO THE STILLMAN RUBBER COMPANY. YOU PROTESTED AND SUBSEQUENTLY THE PROPOSED AWARD WAS THE SUBJECT OF SEVERAL CONFERENCES IN THIS OFFICE. WAS HELD AT RARITAN ARSENAL ON DECEMBER 6. WHEREIN IT IS STATED THAT THE ABOVE INVITATION WAS CANCELLED ON APRIL 12. HAVE BEEN NOTIFIED OF SUCH ACTION. THERE IS NO FURTHER ACTION WHICH OUR OFFICE MAY PROPERLY TAKE IN THE MATTER.

B-128587, MAY 20, 1957

TO Y B F CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 11, 1956, PROTESTING THE CONTEMPLATED ACTION OF THE RARITAN ARSENAL, NEW JERSEY, INCIDENT TO A PROPOSED AWARD OF A CONTRACT PURSUANT TO INVITATION NO. ORD 28-024-56-641, ISSUED ON JUNE 7, 1956.

THE ABOVE INVITATION SPECIFIED "CAPS OF MOLDED NEOPRENE, PRESS-ON TYPE FASTENING, 100 PER BOX--- ACCEPTABLE MANUFACTURER LUBRICATION DEVICES "LUBRICAPS," STILLMAN RUBBER COMPANY "S-A-B" CAPS, OR EQUAL--- FEDERAL STOCK NO. (8601) 4730-4376.' THREE BIDS WERE RECEIVED, INCLUDING ONE FROM THE MANUFACTURER WHOSE PRODUCT WAS SPECIFIED ON THE INVITATION AS ACCEPTABLE. YOUR BID, THE LOWEST RECEIVED, OFFERED A POLYETHELENE "PRO- CAP" AS AN "EQUAL" ITEM. THE CONTRACTING OFFICER DETERMINED YOUR BID WAS NOT RESPONSIVE AND PROPOSED AN AWARD TO THE STILLMAN RUBBER COMPANY. YOU PROTESTED AND SUBSEQUENTLY THE PROPOSED AWARD WAS THE SUBJECT OF SEVERAL CONFERENCES IN THIS OFFICE, INCLUDING ONE BETWEEN REPRESENTATIVES OF YOUR CONCERN, THE ADMINISTRATIVE AGENCY AND OUR OFFICE OF THE GENERAL COUNSEL. SUBSEQUENTLY A FURTHER TEST OF YOUR PRODUCT, ATTENDED BY YOUR REPRESENTATIVES, WAS HELD AT RARITAN ARSENAL ON DECEMBER 6, 1956. THE ABOVE TEST RESULTED IN A REAFFIRMATION OF THE CONTRACTING OFFICER'S ORIGINAL DETERMINATION THAT THE POLYETHELENE "PRO-CAP" OFFERED BY YOUR CONCERN COULD NOT BE CONSIDERED AS AN "EQUAL" ITEM PURSUANT TO THE SPECIFICATION REQUIREMENTS. HOWEVER, BY LETTER OF MAY 9, 1957, THE ASSISTANT SECRETARY OF THE ARMY (LOGISTICS) FORWARDED HERE COPY OF LETTER OF APRIL 30, 1957, FROM THE CONTRACTING OFFICER AT RARITAN ARSENAL TO THE CHIEF OF ORDNANCE, DEPARTMENT OF THE ARMY, WHEREIN IT IS STATED THAT THE ABOVE INVITATION WAS CANCELLED ON APRIL 12, 1957, AND THAT THE THREE BIDDERS, INCLUDING YOUR CONCERN, HAVE BEEN NOTIFIED OF SUCH ACTION.

UNDER THESE CIRCUMSTANCES, THERE IS NO FURTHER ACTION WHICH OUR OFFICE MAY PROPERLY TAKE IN THE MATTER.