B-147740, MAR. 13, 1962

B-147740: Mar 13, 1962

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THE CONTRACT WAS NEGOTIATED WITH DIT-MCO. WHICH PERMITS NEGOTIATION WHEN "THE PUBLIC EXIGENCY WILL PERMIT THE DELAY INCIDENT TO ADVERTISING.'. THE CONTRACTING OFFICER DETERMINED PURSUANT TO THE REGULATIONS PUBLISHED IN ASPR 3-202.2 (III) AND 3-304 (C) THAT THERE WAS A COMPELLING NEED AND AN UNUSUAL URGENCY FOR THE DELIVERY OF THIS EQUIPMENT AS QUICKLY AS POSSIBLE. SPECIFICALLY HE FOUND THERE WAS A LACK OF SPECIFICATIONS ADEQUATE FOR FORMAL ADVERTISING FOR THE EQUIPMENT AND THAT THE EQUIPMENT WAS URGENTLY NEEDED TO PREVENT CRITICAL SLOWDOWNS IN MODIFICATION OF CERTAIN WEAPON SYSTEMS AND POSSIBLE UNDERSTRENGTH IN THE SQUADRONS USING SUCH SYSTEMS. HE FOUND THAT IT WAS NECESSARY TO CONDUCT THIS NEGOTIATION ON A SOLE SOURCE BASIS WITH DIT-MCO.

B-147740, MAR. 13, 1962

TO THE CALIFORNIA TECHNICAL INDUSTRIES:

YOUR LETTER OF DECEMBER 5, 1961, PROTESTS THE AWARD OF A CERTAIN NEGOTIATED CONTRACT NUMBERED AF 33 (604) 37643 TO DIT-MCO, INC., FOR THE PROCUREMENT OF THREE TYPES OF CIRCUIT ANALYZERS, RELATED DATA, AND SPARE PARTS.

THE CONTRACT WAS NEGOTIATED WITH DIT-MCO, INC., PURSUANT TO 10 U.S.C. 2304 (A) (2), WHICH PERMITS NEGOTIATION WHEN "THE PUBLIC EXIGENCY WILL PERMIT THE DELAY INCIDENT TO ADVERTISING.' THE CONTRACTING OFFICER DETERMINED PURSUANT TO THE REGULATIONS PUBLISHED IN ASPR 3-202.2 (III) AND 3-304 (C) THAT THERE WAS A COMPELLING NEED AND AN UNUSUAL URGENCY FOR THE DELIVERY OF THIS EQUIPMENT AS QUICKLY AS POSSIBLE. SPECIFICALLY HE FOUND THERE WAS A LACK OF SPECIFICATIONS ADEQUATE FOR FORMAL ADVERTISING FOR THE EQUIPMENT AND THAT THE EQUIPMENT WAS URGENTLY NEEDED TO PREVENT CRITICAL SLOWDOWNS IN MODIFICATION OF CERTAIN WEAPON SYSTEMS AND POSSIBLE UNDERSTRENGTH IN THE SQUADRONS USING SUCH SYSTEMS. ON THIS BASIS THE CONTRACTING OFFICER THEREFORE DETERMINED THE PUBLIC EXIGENCY DID NOT PERMIT THE DELAY REQUIRED TO ADVERTISE.

IN ADDITION, HE FOUND THAT IT WAS NECESSARY TO CONDUCT THIS NEGOTIATION ON A SOLE SOURCE BASIS WITH DIT-MCO, INC. YOU OBJECT BECAUSE YOU WERE NOT CONSIDERED FOR AWARD DURING THE NEGOTIATION.

THE NEGOTIATION WAS CONDUCTED ON A SOLE SOURCE BASIS FOR THE FOLLOWING REASONS:

1. THE CONTRACTING OFFICER FOUND THAT DIT-MCO, INC., WAS THE ONLY SOURCE THAT COULD HAVE PRODUCED WITHIN THE GIVEN TIME LIMITATION EQUIPMENT HAVING ALL OF THE CAPABILITIES REQUIRED TO CHECK THE ELECTRICAL WIRING FOR THE AIR FRAME PROCUREMENT FOR THE GAM-77, B-52 AND F-102 PROGRAMS. IN REGARD TO THE CIRCUIT ANALYZER MODEL NO. 2000, DIT-MCO, INC., WAS THE ONLY KNOWN SOURCE THAT HAD PRODUCED SUCH EQUIPMENT WHICH WOULD MEET AIR FORCE REQUIREMENTS FOR APPLICATION TO THE F-102 MOD/IRAN PROGRAM AND WAS THE ONLY COMPANY WHICH COULD SUPPLY THE EQUIPMENT WITHIN 60 DAYS. IN REGARD TO THE CIRCUIT ANALYZER MODEL NO. 2150 AND CIRCUIT ANALYZER MULTIPLIER MODEL 850B3, DIT-MCO, INC., WAS THE ONLY KNOWN SOURCE THAT COULD DELIVER THIS EQUIPMENT BEFORE THE DATE WHEN SUCH EQUIPMENT WAS TO BE USED IN THE MODIFICATION PROGRAM.

2. THE CONTRACTING OFFICER FOUND THAT NO EQUIPMENT OTHER THAN THAT PRODUCED BY DIT-MCO, INC., WAS COMPATIBLE WITH THE EXISTING PROGRAM, ADAPTER CABLES, AND CONNECTORS WHICH THE AIR FORCE HAD ON HAND, AND THAT IT WOULD HAVE COST TOO MUCH TAKEN TOO LONG TO DEAL WITH ANY OTHER SOURCE, SINCE SUCH ACTION WOULD HAVE REQUIRED A NEW PROGRAM, DIFFERENT CABLES, AND DIFFERENT CONNECTORS. FURTHERMORE, HE FOUND THAT AIR FORCE PERSONNEL HAD BEEN TRAINED IN DIT-MCO, INC., EQUIPMENT AND WOULD HAVE REQUIRED RETRAINING IF PROCUREMENT WAS MADE FROM ANY SOURCE OTHER THAN DIT-MCO, INC.

FOR THE ABOVE REASONS, WE MUST CONCLUDE THAT THERE IS NO PROPER BASIS UPON WHICH OUR OFFICE WOULD BE JUSTIFIED IN OBJECTING TO THE ACTION OF THE DEPARTMENT OF THE AIR FORCE IN CONDUCTING THE ABOVE NEGOTIATION ON A SOLE SOURCE BASIS, OR TO THE PROCUREMENT ON THE SAME BASIS OF TWO ADDITIONAL ANALYZERS PURCHASED SUBSEQUENT TO YOUR LETTER OF DECEMBER 5, 1961. HOWEVER, WE NOTE THAT PROCUREMENT MANAGEMENT OF THE DEPARTMENT OF THE AIR FORCE HAS REQUESTED AIR FORCE LOGISTICS COMMAND TO DEVELOP SPECIFICATIONS FOR THIS EQUIPMENT AND TAKE ALL STEPS NECESSARY IN ORDER TO ASSURE THAT FUTURE PROCUREMENTS OF AUTOMATIC CHECK-OUT EQUIPMENT WILL BE MADE ON A COMPETITIVE ..END :