B-143994, NOV. 21, 1960

B-143994: Nov 21, 1960

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COWAN: REFERENCE IS MADE TO YOUR TELEGRAM OF SEPTEMBER 15. PROTESTING THAT THE SPECIFICATIONS FOR AIR FORCE INVITATION 33-600-61-77 ARE RESTRICTIVE IN THAT THEY EXCLUDE YOUR PRODUCT FROM USE ALTHOUGH IT IS LISTED AS ACCEPTABLE IN AIR FORCE MANUAL 88-15. THE DEPARTMENT OF THE AIR FORCE HAS REVIEWED YOUR PROTEST AND HAS CONCLUDED THAT YOUR PRODUCT SHOULD NOT HAVE BEEN EXCLUDED FROM THE PROJECT SPECIFICATION. WE ARE ADVISED THAT BECAUSE OF EXTREME URGENCY OF THE PROCUREMENT AND THE FACT THAT YOU WERE NOT A BIDDER. INASMUCH AS ALL OF THE PRODUCTS ARE CONSIDERED COMPARABLE IN QUALITY AND PRICE AND THE ADDITION OF YOUR PRODUCT WOULD NOT REQUIRE ANY INCREASED COST TO THE GOVERNMENT. WE ARE TODAY ADVISING THE DEPARTMENT THAT WE WILL NOT OBJECT TO ITS PROPOSED AMENDMENT.

B-143994, NOV. 21, 1960

TO MR. J. B. COWAN:

REFERENCE IS MADE TO YOUR TELEGRAM OF SEPTEMBER 15, 1960, AND TO LETTER FROM YOUR ATTORNEY DATED NOVEMBER 8, 1960, PROTESTING THAT THE SPECIFICATIONS FOR AIR FORCE INVITATION 33-600-61-77 ARE RESTRICTIVE IN THAT THEY EXCLUDE YOUR PRODUCT FROM USE ALTHOUGH IT IS LISTED AS ACCEPTABLE IN AIR FORCE MANUAL 88-15.

THE DEPARTMENT OF THE AIR FORCE HAS REVIEWED YOUR PROTEST AND HAS CONCLUDED THAT YOUR PRODUCT SHOULD NOT HAVE BEEN EXCLUDED FROM THE PROJECT SPECIFICATION. HOWEVER, WE ARE ADVISED THAT BECAUSE OF EXTREME URGENCY OF THE PROCUREMENT AND THE FACT THAT YOU WERE NOT A BIDDER, AND SEVEN BIDS HAD BEEN RECEIVED WHICH INDICATED THAT ADEQUATE COMPETITION HAD BEEN OBTAINED, THE DEPARTMENT DECIDED TO PROCEED WITH THE AWARD. THE DEPARTMENT THEREFORE NOW RECOMMENDS THAT THE AWARD NOT BE DISTURBED AND PROPOSES INSTEAD TO AMEND THE SPECIFICATIONS INCORPORATED IN THE CONTRACT TO PERMIT THE CONTRACTOR TO USE ANY ONE OF THE THREE PRODUCTS LISTED AS ACCEPTABLE IN THE AIR FORCE MANUAL, INASMUCH AS ALL OF THE PRODUCTS ARE CONSIDERED COMPARABLE IN QUALITY AND PRICE AND THE ADDITION OF YOUR PRODUCT WOULD NOT REQUIRE ANY INCREASED COST TO THE GOVERNMENT.

WE ARE TODAY ADVISING THE DEPARTMENT THAT WE WILL NOT OBJECT TO ITS PROPOSED AMENDMENT.