B-142298, APR. 14, 1960

B-142298: Apr 14, 1960

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TO WAUKESHA MOTOR CO.: FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED MARCH 16. WHICH WAS ISSUED BY THE MEMPHIS AIR FORCE DEPOT TO THE CHIEF OF ENGINEERS. WE WERE ADVISED THAT THE OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE (SUPPLY AND LOGISTICS) HAD JUST COMPLETED AN INVESTIGATION AND STUDY OF THE MATTER AND WAS IN THE PROCESS OF PREPARING A LETTER TO SEND TO YOU AND OTHERS WHO HAD REGISTERED PROTESTS DIRECTLY WITH THE AGENCIES OF DEFENSE REGARDING THE SPECIFICATIONS USED IN THE INVITATION INVOLVED. WE HAVE BEEN FURNISHED A COPY OF A LETTER DATED MARCH 30. SINCE THE QUESTION INVOLVED IS ONE OF POLICY RATHER THAN OF COMPLIANCE WITH LEGAL PROCUREMENT REQUIREMENTS.

B-142298, APR. 14, 1960

TO WAUKESHA MOTOR CO.:

FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED MARCH 16, 1960, PROTESTING THE CHANGE IN SPECIFICATIONS WITH RESPECT TO DEPARTMENT OF THE ARMY INVITATION NO. DA 11-184-ENG-60-A482-B, ISSUED PURSUANT TO MIPR NO. 40-604-60-2420-108, WHICH WAS ISSUED BY THE MEMPHIS AIR FORCE DEPOT TO THE CHIEF OF ENGINEERS, DEPARTMENT OF THE ARMY, UNDER DATE OF OCTOBER 23, 1959.

FOLLOWING OUR REQUEST FOR ADMINISTRATIVE REPORTS WITH RESPECT TO THE SUBJECT MATTER OF YOUR PROTEST, WE WERE ADVISED THAT THE OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE (SUPPLY AND LOGISTICS) HAD JUST COMPLETED AN INVESTIGATION AND STUDY OF THE MATTER AND WAS IN THE PROCESS OF PREPARING A LETTER TO SEND TO YOU AND OTHERS WHO HAD REGISTERED PROTESTS DIRECTLY WITH THE AGENCIES OF DEFENSE REGARDING THE SPECIFICATIONS USED IN THE INVITATION INVOLVED.

WE HAVE BEEN FURNISHED A COPY OF A LETTER DATED MARCH 30, 1960, FROM THE DEPUTY ASSISTANT SECRETARY OF DEFENSE (SUPPLY AND LOGISTICS) TO YOU, WITH REFERENCE TO THE MATTER. IT APPEARS THEREFROM THAT DEPARTMENT OF DEFENSE POLICY GUIDANCE TO THE MILITARY SERVICES DOES NOT REQUIRE SPECIFICATION MIL-E-11275 TO BE USED IN CONNECTION WITH A PROCUREMENT SUCH AS HERE INVOLVED FOR THE REASONS INDICATED. IN VIEW OF THIS, AND SINCE THE QUESTION INVOLVED IS ONE OF POLICY RATHER THAN OF COMPLIANCE WITH LEGAL PROCUREMENT REQUIREMENTS, WE SEE NO BASIS UPON WHICH WE MAY OBJECT TO THE ACTION TAKEN.