B-137751, FEB. 26, 1960

B-137751: Feb 26, 1960

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SAUL: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED JANUARY 7. WE HAVE RECEIVED THE ADMINISTRATIVE REPORT REQUESTED AND INFORMATION WHICH DISCLOSES THAT IT IS THE PRACTICE OF FEDERAL AVIATION AGENCY TO PERMIT MODIFICATION OF SPECIFICATIONS BY REGIONAL OFFICES WHERE DICTATED BY LOCAL CONDITIONS. IT WAS CONSIDERED ADVISABLE LOCALLY TO DELETE THE OPTION COVERING PROTECTED-METAL SIDING ON THE BASIS THAT SUCH OPTION MIGHT ALLOW THE INTRODUCTION OF SIDING WHICH DID NOT MEET THE LOCAL REQUIREMENTS. THE REPORT DISCLOSES FURTHER THAT PRIOR TO THE ISSUANCE OF THE ADDENDUM IN QUESTION THE LOW BIDDER WHO WAS AWARDED THE CONTRACT HAD OBTAINED PRICES FROM SUBCONTRACTORS FOR VARIOUS TYPES OF PROTECTED-METAL SIDING INCLUDING YOUR PRODUCT "PLASTEEL" IN PREPARING ITS BID.

B-137751, FEB. 26, 1960

TO MR. S. D. SAUL:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED JANUARY 7, 1960, PROTESTING AN ADDENDUM UNDER AN INVITATION FOR BIDS FOR CONSTRUCTION OF AIR ROUTE TRAFFIC CONTROL CENTER BUILDINGS AT OLATHE, KANSAS, ISSUED RECENTLY BY THE FEDERAL AVIATION AGENCY, REGION 3, KANSAS CITY, MISSOURI, WHICH YOU ALLEGE PREVENTED CONSIDERATION OF YOUR PRODUCT.

WE HAVE RECEIVED THE ADMINISTRATIVE REPORT REQUESTED AND INFORMATION WHICH DISCLOSES THAT IT IS THE PRACTICE OF FEDERAL AVIATION AGENCY TO PERMIT MODIFICATION OF SPECIFICATIONS BY REGIONAL OFFICES WHERE DICTATED BY LOCAL CONDITIONS. IN THIS INSTANCE, IT WAS CONSIDERED ADVISABLE LOCALLY TO DELETE THE OPTION COVERING PROTECTED-METAL SIDING ON THE BASIS THAT SUCH OPTION MIGHT ALLOW THE INTRODUCTION OF SIDING WHICH DID NOT MEET THE LOCAL REQUIREMENTS. THE REPORT DISCLOSES FURTHER THAT PRIOR TO THE ISSUANCE OF THE ADDENDUM IN QUESTION THE LOW BIDDER WHO WAS AWARDED THE CONTRACT HAD OBTAINED PRICES FROM SUBCONTRACTORS FOR VARIOUS TYPES OF PROTECTED-METAL SIDING INCLUDING YOUR PRODUCT "PLASTEEL" IN PREPARING ITS BID. SINCE THE PRICE QUOTED ON "PLASTEEL" WAS THE HIGHEST RECEIVED BY THE CONTRACTOR, IT WOULD APPEAR THAT THE ELIMINATION OF THE OPTION IN THIS CASE DID NOT WORK TO YOUR DISADVANTAGE.

WE HAVE BEEN ADVISED THAT TO ASSURE CONSIDERATION OF ALL COMPETITIVE SIDING MATERIAL THE REGIONAL OFFICES HAVE BEEN INSTRUCTED TO AMEND THE PERTINENT SECTION OF THE AIR ROUTE TRAFFIC CONTROL SPECIFICATIONS SO AS TO INCLUDE GUARANTEE AND TESTING REQUIREMENTS PREPARED BY THE CORPS OF ENGINEERS WHICH, IT IS UNDERSTOOD, ARE NOT OBJECTIONABLE TO YOU.

ANY FURTHER ACTION WITH RESPECT TO THE ADMINISTRATIVE ACTION, WE BELIEVE YOU WILL AGREE, IS NOT JUSTIFIED.