B-149125, JUL. 31, 1962

B-149125: Jul 31, 1962

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TO HARRIS-SEYBOLD COMPANY: FURTHER REFERENCE IS MADE TO TELEGRAM OF JUNE 7. THE CHANGES INCORPORATED IN THE RESULTING AMENDMENT TO THE INVITATION WERE SUBSEQUENTLY FURTHER EXAMINED IN THE LIGHT OF THE INTENDED UTILIZATION OF THE EQUIPMENT AND IT WAS DETERMINED BY THE CONTRACTING OFFICER THAT THE SPECIFICATIONS AS AMENDED WERE INADEQUATE. IT WAS ESTABLISHED THAT THE INTENDED PLACE FOR INSTALLATION OF THE EQUIPMENT WOULD NOT BE READY WITHIN THE DELIVERY TIME REQUESTED. THE INVITATION WAS CANCELLED AND SUCH ACTION WAS APPROVED BY THE CHIEF. IT IS OUR OPINION THAT THE ACTION TAKEN WAS PROPER AND WE TRUST THAT IT SATISFACTORILY DISPOSES OF THE OBJECTIONS WHICH PROMPTED YOUR PROTEST.

B-149125, JUL. 31, 1962

TO HARRIS-SEYBOLD COMPANY:

FURTHER REFERENCE IS MADE TO TELEGRAM OF JUNE 7, 1962, FROM MR. P. H. SCHAFER, MANAGER, FEDERAL GOVERNMENT SALES, PROTESTING AGAINST THE USE OF ALLEGED RESTRICTIVE SPECIFICATIONS IN CONNECTION WITH INVITATION FOR BIDS NO. ORD-28-017-62-280, ISSUED BY PICATINNY ARSENAL, COVERING A 40 INCH PAPER CUTTER.

THE RECORD SHOWS THAT UPON RECEIPT OF YOUR PROTEST THE PROCUREMENT AGENCY REVIEWED THE SPECIFICATIONS AND CONCLUDED INITIALLY THAT THE SUGGESTED CHANGES WOULD AFFORD BROADER AND MORE EFFECTIVE COMPETITION. THE CHANGES INCORPORATED IN THE RESULTING AMENDMENT TO THE INVITATION WERE SUBSEQUENTLY FURTHER EXAMINED IN THE LIGHT OF THE INTENDED UTILIZATION OF THE EQUIPMENT AND IT WAS DETERMINED BY THE CONTRACTING OFFICER THAT THE SPECIFICATIONS AS AMENDED WERE INADEQUATE. ALSO, IT WAS ESTABLISHED THAT THE INTENDED PLACE FOR INSTALLATION OF THE EQUIPMENT WOULD NOT BE READY WITHIN THE DELIVERY TIME REQUESTED. ACCORDINGLY, THE INVITATION WAS CANCELLED AND SUCH ACTION WAS APPROVED BY THE CHIEF, INDUSTRIAL DIVISION, OFFICE OF THE DEPUTY CHIEF OF STAFF FOR LOGISTICS.

IT IS OUR OPINION THAT THE ACTION TAKEN WAS PROPER AND WE TRUST THAT IT SATISFACTORILY DISPOSES OF THE OBJECTIONS WHICH PROMPTED YOUR PROTEST.