B-148100, JUN. 15, 1962

B-148100: Jun 15, 1962

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO SAYFORD CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9. UNDER WHICH AN AWARD OF A CONTRACT WAS MADE ON MARCH 24. REFERENCE IS MADE TO YOUR LETTER OF APRIL 17. SINCE PERFORMANCE OF THE CONTRACT AWARDED UNDER THE FORMER PROCUREMENT WAS SUBSTANTIALLY PERFORMED BEFORE RECEIPT OF YOUR FIRST PROTEST AND SINCE IT HAS NOW BEEN COMPLETED NO ACTION BY US WITH RESPECT THERETO WOULD BE JUSTIFIED OR REQUIRED. AVI-04-351-62 72 HAVE BEEN REEXAMINED BY THE ADMINISTRATIVE OFFICE AND THAT THE SAID INVITATION HAS BEEN CANCELLED. WE HAVE BEEN ADVISED FURTHER BY THE OFFICE OF THE DEPUTY CHIEF OF STAFF FOR LOGISTICS THAT UNDER THE READVERTISEMENT IT IS PROPOSED TO ELIMINATE ANY REQUIREMENT THAT AWARD BE MADE TO A BIDDER FURNISHING ALL ITEMS FROM ONE MANUFACTURER.

B-148100, JUN. 15, 1962

TO SAYFORD CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9, 1962, PROTESTING AGAINST THE ALLEGED RESTRICTIVE SPECIFICATIONS OF INVITATION FOR BIDS NO. AVI-04- 351-61-53 ISSUED FEBRUARY 16, 1961, BY THE PURCHASING AND CONTRACTING DIVISION, FORT ORD, CALIFORNIA, UNDER WHICH AN AWARD OF A CONTRACT WAS MADE ON MARCH 24, 1961, FOR THE FURNISHING OF PAPER PRODUCTS FOR THE PERIOD FROM APRIL 1, 1961, TO MARCH 31, 1962. ALSO, REFERENCE IS MADE TO YOUR LETTER OF APRIL 17, 1962, REITERATING SUCH PROTEST WITH RESPECT TO INVITATION FOR BIDS NO. AVI-04-351-62-72, COVERING THE SAME PRODUCTS TO BE FURNISHED TO THE POST DURING THE SUCCEEDING PERIOD MAY 15, 1962, TO MAY 14, 1963. SINCE PERFORMANCE OF THE CONTRACT AWARDED UNDER THE FORMER PROCUREMENT WAS SUBSTANTIALLY PERFORMED BEFORE RECEIPT OF YOUR FIRST PROTEST AND SINCE IT HAS NOW BEEN COMPLETED NO ACTION BY US WITH RESPECT THERETO WOULD BE JUSTIFIED OR REQUIRED.

WITH RESPECT TO THE CURRENT PROCUREMENT, THE RECORD DISCLOSES THAT THE TERMS AND SPECIFICATIONS OF INVITATION FOR BIDS NO. AVI-04-351-62 72 HAVE BEEN REEXAMINED BY THE ADMINISTRATIVE OFFICE AND THAT THE SAID INVITATION HAS BEEN CANCELLED. WE HAVE BEEN ADVISED FURTHER BY THE OFFICE OF THE DEPUTY CHIEF OF STAFF FOR LOGISTICS THAT UNDER THE READVERTISEMENT IT IS PROPOSED TO ELIMINATE ANY REQUIREMENT THAT AWARD BE MADE TO A BIDDER FURNISHING ALL ITEMS FROM ONE MANUFACTURER; THAT THE WORDS "AND PLEASING" WILL BE DELETED FROM ITEM 1 ON PAGE 14 OF THE INVITATION; AND THAT THE FORMER REFERENCE TO A BRAND NAME TO DESCRIBE THE PRINTING DESIGN WILL BE OMITTED AND IN LIEU THEREOF THE PHRASE "GREEN LEAF OR GREEN FLORAL PATTERN" USED AS A GENERAL DESCRIPTION OF THE DESIRED PRODUCTS COVERED BY THE NEW PROPOSAL.

WE TRUST THAT THE CONTEMPLATED ACTION WILL SATISFACTORILY OVERCOME THE OBJECTIONABLE FEATURES OF THE PREVIOUS INVITATION WHICH WERE THE SUBJECT OF YOUR PROTESTS.

WE UNDERSTAND THAT YOU FAILED TO COMPLETE THE BIDDER MAILING LIST APPLICATION (STANDARD FORM 129) FURNISHED YOU ON TWO OCCASIONS, AND WE SUGGEST, IF YOU WISH TO PREVENT YOUR NAME FROM BEING REMOVED FROM THE ACTIVE BIDDER MAILING LIST PURSUANT TO SECTION 2-205, ARMED SERVICES PROCUREMENT REGULATION, THAT YOU SO ADVISE THE PROCURING ACTIVITY.