B-135613, MAY 16, 1958

B-135613: May 16, 1958

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TO WESTERN PRECIPITATION CORPORATION: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19. A COPY OF WHICH WAS FORWARDED TO OUR OFFICE. WE HAVE BEEN ADVISED BY A REPORT FURNISHED BY THE ASSISTANT SECRETARY OF THE ARMY (LOGISTICS) THAT THE SPECIFICATION REQUIREMENT THAT THE DRAFT FAN. STACK AND DUST COLLECTOR BE THE PRODUCT OF ONE MANUFACTURER WAS STIPULATED TO ASSURE SINGLE RESPONSIBILITY FOR SATISFACTORY OVERALL PERFORMANCE OF INSTALLED EQUIPMENT AND TO INSURE PROTECTION OF THE GOVERNMENT'S INTERESTS IN THE ENFORCEMENT OF GUARANTEES. WE FIND NO INDICATION IN THE RECORD THAT THE REQUIREMENT WAS INTENDED TO FAVOR ANY PARTICULAR MANUFACTURER. IT IS REPORTED THAT CONSIDERATION OF YOUR PROTEST HAS RESULTED IN A SUITABLE ALTERNATIVE FOR PROTECTING THE GOVERNMENT'S INTERESTS BY A SPECIFICATION REQUIREMENT THAT THE CONTRACTOR WILL BE RESPONSIBLE FOR COMPATIBILITY OF THE COMPONENTS AND ENGINEERING OF THE COMPLETE SYSTEM.

B-135613, MAY 16, 1958

TO WESTERN PRECIPITATION CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 1958, TO THE COMMANDING GENERAL, CORPS OF ENGINEERS, A COPY OF WHICH WAS FORWARDED TO OUR OFFICE, CONCERNING CERTAIN ALLEGEDLY RESTRICTIVE PROVISIONS OF SPECIFICATIONS FOR DUST COLLECTION SYSTEMS CONTAINED IN INVITATION FOR BIDS NO. ENG 45-164-58-23, DATED JANUARY 24, 1958.

WE HAVE BEEN ADVISED BY A REPORT FURNISHED BY THE ASSISTANT SECRETARY OF THE ARMY (LOGISTICS) THAT THE SPECIFICATION REQUIREMENT THAT THE DRAFT FAN, STACK AND DUST COLLECTOR BE THE PRODUCT OF ONE MANUFACTURER WAS STIPULATED TO ASSURE SINGLE RESPONSIBILITY FOR SATISFACTORY OVERALL PERFORMANCE OF INSTALLED EQUIPMENT AND TO INSURE PROTECTION OF THE GOVERNMENT'S INTERESTS IN THE ENFORCEMENT OF GUARANTEES. THIS MUST BE RECOGNIZED AS A PROPER AND LEGITIMATE OBJECTIVE, AND WE FIND NO INDICATION IN THE RECORD THAT THE REQUIREMENT WAS INTENDED TO FAVOR ANY PARTICULAR MANUFACTURER.

HOWEVER, IT IS REPORTED THAT CONSIDERATION OF YOUR PROTEST HAS RESULTED IN A SUITABLE ALTERNATIVE FOR PROTECTING THE GOVERNMENT'S INTERESTS BY A SPECIFICATION REQUIREMENT THAT THE CONTRACTOR WILL BE RESPONSIBLE FOR COMPATIBILITY OF THE COMPONENTS AND ENGINEERING OF THE COMPLETE SYSTEM. THE CHIEF OF ENGINEERS HAS DIRECTED THAT FUTURE SPECIFICATIONS FOR EQUIPMENT OF THIS NATURE BE REVISED ACCORDINGLY. BY LETTER OF APRIL 29, 1958, YOU WERE ADVISED OF SUCH CONTEMPLATED CHANGE IN THE SPECIFICATIONS.

WE BELIEVE THAT THE ACTION TAKEN EVIDENCES THE CORRECTNESS OF THE BELIEF EXPRESSED IN YOUR LETTER THAT IT IS THE INTENTION OF THE CORPS OF ENGINEERS TO DO EVERYTHING POSSIBLE TO ENSURE FAIR AND EQUITABLE BIDDING PROCEDURES, AND WE ARE GLAD TO NOTICE THIS EXCELLENT EXAMPLE OF COOPERATION BETWEEN GOVERNMENT PROCUREMENT OFFICIALS AND INDUSTRY TO REACH A PROMPT SOLUTION OF A PROBLEM WITH DUE RECOGNITION OF THE INTERESTS OF BOTH SIDES.

WE DO NOT UNDERSTAND THAT IT WAS YOUR INTENTION TO ATTACK THE CONTRACT AWARDED UNDER THE INVITATION REFERRED TO, AND IN THE PRESENT CIRCUMSTANCES WE DO NOT FEEL THAT ANY ACTION BY OUR OFFICE WITH RESPECT THERETO TO WOULD BE IN THE GOVERNMENT'S INTEREST.