B-147806, FEB. 9, 1962

B-147806, FEB. 9, 1962

TO FARMERS TOOL AND SUPPLY CORPORATION:

WE REFER TO YOUR LETTER OF DECEMBER 14, 1961, PROTESTING THAT THE SPECIFICATIONS OF INVITATION FOR BIDS NO. ORD-20-113-62-940 ARE INADEQUATE TO PERMIT ANYONE OTHER THAN THE ROSS GEAR AND TOOL COMPANY TO BID.

THE INVITATION, ISSUED ON NOVEMBER 21, 1961, BY THE ORDNANCE TANK AUTOMOTIVE COMMAND, DETROIT, MICHIGAN, CALLS FOR BIDS ON 2,687 UNITS OF CYLINDER ASSEMBLY, POWER, IN ACCORDANCE WITH ORDNANCE SUBSTITUTE DRAWING NO. D7351363, REV.C. DATED FEBRUARY 8, 1961, AS MODIFIED BY ENGINEERING REPORT NO. 7351363, REV.D., DATED OCTOBER 7, 1961. YOU PROTEST THAT THREE OF THE DETAILED DRAWINGS, WHICH REFER IN EACH CASE TO ROSS GEAR AND TOOL COMPANY PART NUMBERS, DO NOT FURNISH ADEQUATE INFORMATION TO DETERMINE MATERIAL OR PHYSICAL OR FUNCTIONAL REQUIREMENTS. YOU STATE THAT ORDNANCE DRAWING NO. B7351365, PISTON RING, DOES NOT FURNISH INFORMATION AS TO TYPE OF MATERIAL, HARDNESS, PHYSICAL OR FUNCTIONAL REQUIREMENTS. ORDNANCE DRAWING NO. B7351367, RUBBER SEAL, DOES NOT INDICATE THE TYPE RUBBER AND ORDNANCE DRAWING NO. B7351369, ADAPTER SEAL, WASHER, INDICATES THE MATERIAL BUT NOT THE HARDNESS. YOU FURTHER ADVISE THAT ROSS GEAR AND TOOL COMPANY DECLINED TO QUOTE PRICES ON ANY OF THE ITEMS. YOU REQUEST THAT ADEQUATE SPECIFICATIONS BE FURNISHED TO ENABLE COMPANIES OTHER THAN ROSS TO BID AND THAT BID OPENING BE POSTPONED TO ALLOW TIME FOR PREPARATION OF BIDS ON THE NEW SPECIFICATIONS.

IN A REPORT DATED JANUARY 29, 1962, THE DEPARTMENT OF THE ARMY ADVISED THAT, UPON RECEIPT OF YOUR PROTEST, THE CONTRACTING OFFICE ISSUED AMENDMENT NO. 1, DATED DECEMBER 20, 1961, CHANGING BID OPENING FROM DECEMBER 21, 1961, TO JANUARY 18, 1962, TO ALLOW TIME TO DETERMINE WHY THE COMPONENTS ARE NOT AVAILABLE COMMERCIALLY AND TO LOCATE ADDITIONAL SOURCES. SUBSEQUENT TO YOUR PROTEST, SEVERAL OTHER POTENTIAL BIDDERS ALSO NOTIFIED THE CONTRACTING OFFICE THAT ROSS GEAR AND TOOL COMPANY REFUSED TO QUOTE OR FURNISH THE COMPONENTS.

UPON INVESTIGATION, THE ORDNANCE TANK-AUTOMOTIVE COMMAND LOCATED TWO ADDITIONAL SOURCES FOR THE PISTON RING B7351365 AND THREE ADDITIONAL SOURCES FOR THE SEAL B7351367. IT DETERMINED THAT DRAWING B7351369 IS DEFICIENT ONLY IN THAT THE HARDNESS IS NOT INDICATED. AMENDMENT NO. 2, ISSUED JANUARY 18, 1962, ADVISED PROSPECTIVE BIDDERS OF THE ADDITIONAL SOURCES FOR THE PISTON RING AND SEAL AND OF THE PROPER HARDNESS FOR THE ADAPTER SEAL WASHER B7351369. THE BID OPENING DATE WAS ALSO EXTENDED TO FEBRUARY 19, 1962, TO ALLOW MORE TIME FOR PREPARATION OF BIDS.

THE PROMPT ACTION ON THE PART OF THE ORDNANCE TANK-AUTOMOTIVE COMMAND HAS, IN OUR OPINION, REMOVED THE BASIS FOR YOUR PROTEST BY COMPLYING WITH THE REQUESTS IN YOUR LETTER OF PROTEST DATED DECEMBER 14, 1961. FURTHER ACTION APPEARS TO BE NECESSARY TO INSURE ALL PROSPECTIVE BIDDERS AN EQUAL OPPORTUNITY TO BID UNDER INVITATION FOR BIDS NO. ORD-20-113-62- 940.