B-140565, SEP. 10, 1959

B-140565: Sep 10, 1959

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TO NEBEL MACHINE TOOL CORP.: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 25. THE BASIS OF YOUR COMPLAINT IS THAT THE INVITATION SPECIFICATIONS AS DRAFTED WERE RESTRICTIVE IN THAT PARTICULAR LATHE BY TRADE NAME WAS CALLED FOR WITHOUT QUALIFICATION. THE MATTER WAS INFORMALLY BROUGHT TO THE ATTENTION OF THE CORPS OF ENGINEERS. WE HAVE BEEN ADVISED THAT CORRECTIVE ACTION IS BEING TAKEN. HAS SUSPENDED ITS PURCHASE ORDER FOR LEBLOND LATHES AND THAT THE SPECIFICATIONS WILL BE REVISED BY THE CORPS OF ENGINEERS TO PROVIDE FOR A LEBLOND LATHE "OR EQUAL" SO AS TO ASSURE WIDE COMPETITION WITHOUT RESTRICTION. IT IS ASSUMED THAT YOUR FIRM WILL BE AFFORDED AN OPPORTUNITY TO SUBMIT A QUOTATION TO PROVIDE SUCH LATHES UNDER THE REVISED SPECIFICATIONS.

B-140565, SEP. 10, 1959

TO NEBEL MACHINE TOOL CORP.:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 25, 1959, WITH ENCLOSURES, CONCERNING YOUR PROTEST AGAINST THE ISSUANCE OF A PURCHASE ORDER UNDER INVITATION FOR BIDS NO. ENG-11-184 (NEG-59-CF-488JD) FOR THE FURNISHING OF LATHES IN CONNECTION WITH THE PROCUREMENT OF GENERAL PURPOSE REPAIR SHOP EQUIPMENT, SEMI-TRAILER MOUNTED. THE BASIS OF YOUR COMPLAINT IS THAT THE INVITATION SPECIFICATIONS AS DRAFTED WERE RESTRICTIVE IN THAT PARTICULAR LATHE BY TRADE NAME WAS CALLED FOR WITHOUT QUALIFICATION.

PROMPTLY AFTER YOUR VISIT HERE ON AUGUST 21, 1959, THE MATTER WAS INFORMALLY BROUGHT TO THE ATTENTION OF THE CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, AND WE HAVE BEEN ADVISED THAT CORRECTIVE ACTION IS BEING TAKEN. WE UNDERSTAND THAT THE PRIME CONTRACTOR (CEMCO INDUSTRIES, INC.) HAS SUSPENDED ITS PURCHASE ORDER FOR LEBLOND LATHES AND THAT THE SPECIFICATIONS WILL BE REVISED BY THE CORPS OF ENGINEERS TO PROVIDE FOR A LEBLOND LATHE "OR EQUAL" SO AS TO ASSURE WIDE COMPETITION WITHOUT RESTRICTION.

IN VIEW THEREOF, NO FURTHER ACTION BY OUR OFFICE APPEARS REQUIRED, AND IT IS ASSUMED THAT YOUR FIRM WILL BE AFFORDED AN OPPORTUNITY TO SUBMIT A QUOTATION TO PROVIDE SUCH LATHES UNDER THE REVISED SPECIFICATIONS.