B-146013, AUG. 7, 1961

B-146013: Aug 7, 1961

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WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE NAVY THAT YOU WERE NOT GIVEN AN OPPORTUNITY TO PARTICIPATE IN THE NEGOTIATIONS LEADING UP TO THE CONTRACT. WHICH IS THE BASIS OF YOUR PROTEST. THE ONLY DRAWINGS AVAILABLE FOR USE AS SPECIFICATION MATERIAL ARE NOT ADEQUATE FOR THE PURPOSE SINCE THEY ARE LACKING IN MATERIAL COMPOSITION AND QUALITY ASSURANCE REQUISITES. WE ARE ADVISED THAT DETAILED DRAWINGS COVERING THE COMPLETE FABRICATION OF THE SPECIFIC ITEMS FOR APPLICATION IN THE TYPE OF AIRCRAFT CONCERNED WERE NOT AVAILABLE AND THAT WHEN THEY BECOME AVAILABLE COMPETITION AMONG QUALIFIED PRODUCERS WILL BE OBTAINED. WE ARE ADVISED THAT THE EXISTENCE OF YOUR FIRM WAS NOT KNOWN TO THE AVIATION SUPPLY OFFICE AT THE TIME IT WAS DETERMINED TO NEGOTIATE A CONTRACT WITH THE R.

B-146013, AUG. 7, 1961

TO SPACE AERO PRODUCTS COMPANY, INCORPORATED:

WE REFER AGAIN TO YOUR TELEGRAM OF MAY 31, 1961, PROTESTING THE AWARD BY THE U.S. NAVY AVIATION SUPPLY OFFICE OF CONTRACT NO. N383 70294A, DATED MAY 15, 1961, TO THE R. E. DARLING COMPANY, INCORPORATED, FOR THE PROCUREMENT OF 11 ITEMS OF OXYGEN HOSE ASSEMBLIES FOR VARIOUS A3D AIRCRAFT CONFIGURATIONS.

WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE NAVY THAT YOU WERE NOT GIVEN AN OPPORTUNITY TO PARTICIPATE IN THE NEGOTIATIONS LEADING UP TO THE CONTRACT, WHICH IS THE BASIS OF YOUR PROTEST, BECAUSE, AMONG OTHER THINGS, THE ONLY DRAWINGS AVAILABLE FOR USE AS SPECIFICATION MATERIAL ARE NOT ADEQUATE FOR THE PURPOSE SINCE THEY ARE LACKING IN MATERIAL COMPOSITION AND QUALITY ASSURANCE REQUISITES. FURTHER, WE ARE ADVISED THAT DETAILED DRAWINGS COVERING THE COMPLETE FABRICATION OF THE SPECIFIC ITEMS FOR APPLICATION IN THE TYPE OF AIRCRAFT CONCERNED WERE NOT AVAILABLE AND THAT WHEN THEY BECOME AVAILABLE COMPETITION AMONG QUALIFIED PRODUCERS WILL BE OBTAINED. FINALLY, WE ARE ADVISED THAT THE EXISTENCE OF YOUR FIRM WAS NOT KNOWN TO THE AVIATION SUPPLY OFFICE AT THE TIME IT WAS DETERMINED TO NEGOTIATE A CONTRACT WITH THE R. E. DARLING COMPANY.

SINCE THE CONTRACT APPEARS TO HAVE BEEN PROPERLY NEGOTIATED UNDER AN EXCEPTION TO THE COMPETITIVE PROCUREMENT REQUIREMENT AT 10 U.S.C. 2304 (A), THERE IS NO BASIS UPON WHICH WE MAY QUESTION THE LEGALITY OF THE AWARD. HOWEVER, WE ARE LOOKING INTO THE QUESTION OF PROPRIETARY DRAWINGS TO INSURE THAT IN THE FUTURE COMPETITION IS OBTAINED WHENEVER FEASIBLE.