B-149183, AUG. 24, 1962
Highlights
YOU SAY THAT THE EQUIPMENT YOU PROPOSE TO OFFER IS IN EXACT ACCORDANCE WITH THE SPECIFICATIONS. EXCEPT THAT IN SOME RESPECTS IT IS SUPERIOR TO SPECIFIED EQUIPMENT. THE BUREAU STATES THAT THE EQUIPMENT YOU PROPOSE TO OFFER IS NOT IN EXACT ACCORDANCE WITH THE SPECIFICATIONS. IN SOME RESPECTS IS INFERIOR TO THE SPECIFIED EQUIPMENT. WE DO NOT HAVE THE TECHNICAL STAFF TO DETERMINE WHICH POSITION IS CORRECT AND THEREFORE. ARE REQUIRED TO FOLLOW THE RULE ESTABLISHED BY OUR DECISIONS THAT THE ADMINISTRATIVE DETERMINATION IS CONTROLLING.
B-149183, AUG. 24, 1962
TO THE ELECTRIC PRODUCTS COMPANY:
IN YOUR LETTER OF AUGUST 2, 1962, YOU ASK THAT WE RECONSIDER OUR DECISION DATED JULY 31, 1962, IN WHICH WE DENIED YOUR PROTEST AGAINST THE REJECTION BY THE DEPARTMENT OF THE NAVY OF YOUR BID AS NONRESPONSIVE TO THE SPECIFICATIONS IN INVITATION FOR BIDS 600-701 62.
YOU PRESENT NO NEW ARGUMENTS BUT REPEAT YOUR INSISTENCE THAT THE POSITION TAKEN BY THE BUREAU OF NAVAL WEAPONS "CANNOT BE UPHELD FROM THE FACTS.' YOU SAY THAT THE EQUIPMENT YOU PROPOSE TO OFFER IS IN EXACT ACCORDANCE WITH THE SPECIFICATIONS, EXCEPT THAT IN SOME RESPECTS IT IS SUPERIOR TO SPECIFIED EQUIPMENT. THE BUREAU STATES THAT THE EQUIPMENT YOU PROPOSE TO OFFER IS NOT IN EXACT ACCORDANCE WITH THE SPECIFICATIONS, AND IN SOME RESPECTS IS INFERIOR TO THE SPECIFIED EQUIPMENT. CLEARLY THESE POSITIONS CONSTITUTE A DISPUTE OF FACT BETWEEN YOU AND THE ADMINISTRATIVE AGENCY. AS POINTED OUT IN OUR PRIOR LETTER, WE DO NOT HAVE THE TECHNICAL STAFF TO DETERMINE WHICH POSITION IS CORRECT AND THEREFORE, IN THESE CIRCUMSTANCES, ARE REQUIRED TO FOLLOW THE RULE ESTABLISHED BY OUR DECISIONS THAT THE ADMINISTRATIVE DETERMINATION IS CONTROLLING. SEE DECISIONS CITED IN B- 149183, DATED JULY 31, 1962. FOR THAT REASON WE COULD NOT ACCEDE TO YOUR SUGGESTION THAT THE DISPUTE BE SUBMITTED TO "ANY KNOWLEDGEABLE UNBIASED TECHNICAL AUTHORITY.'