B-150612, FEB. 25, 1963

B-150612: Feb 25, 1963

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TO PAGE LITTLEFORD CORPORATION: REFERENCE IS MADE TO YOUR TELEGRAM OF JANUARY 11. UNDER THE CITED INVITATION BIDS WERE FORMALLY ADVERTISED AND ISSUED ON NOVEMBER 23. IT IS REPORTED THAT THE ADVERTISEMENT WAS POSTED IN PUBLIC PLACES. ONLY ONE BID WAS RECEIVED AND CONTRACT NO. FA-WA-4253 WAS AWARDED TO TURBO DYNAMICS. IN YOUR TELEGRAM YOU PROTEST THE AWARD ON THE GROUND THAT YOU WERE NOT GIVEN AN OPPORTUNITY TO BID ON THIS EQUIPMENT ALTHOUGH YOUR EQUIPMENT WAS ONE OF TWO PIECES OF EQUIPMENT TESTED BY "NACEF" AND THAT THIS PURCHASE AMOUNTS TO A PURCHASE FROM A SOLE SOURCE. WAS TESTED IN 1962 AT THE NATIONAL AVIATION FACILITIES EXPERIMENTAL CENTER (NAFEC). THIS TESTING WAS NOT INCIDENT TO THIS PARTICULAR PROCUREMENT.

B-150612, FEB. 25, 1963

TO PAGE LITTLEFORD CORPORATION:

REFERENCE IS MADE TO YOUR TELEGRAM OF JANUARY 11, 1963, PROTESTING YOUR EXCLUSION AS A BIDDER IN CONNECTION WITH INVITATION FOR BIDS NO. 60M-3-419 -B1 ISSUED BY THE FEDERAL AVIATION AGENCY FOR FURNISHING A SNOW BLOWER.

UNDER THE CITED INVITATION BIDS WERE FORMALLY ADVERTISED AND ISSUED ON NOVEMBER 23, 1962, WITH OPENING DATE OF DECEMBER 21, 1962, TO 15 PROSPECTIVE BIDDERS TAKEN FROM THE BIDDERS' LISTS ON FILE WITH FEDERAL AVIATION AGENCY, IN ACCORDANCE WITH THE REQUIREMENTS OF PART 1-2 OF THE FEDERAL PROCUREMENT REGULATIONS. IT IS REPORTED THAT THE ADVERTISEMENT WAS POSTED IN PUBLIC PLACES. ALSO, THE ADVERTISEMENT APPEARED ON PAGE 3 OF THE NOVEMBER 28, 1962, ISSUE OF COMMERCE BUSINESS DAILY (NO. PSA-3185), A SYNOPSIS OF U.S. GOVERNMENT PROPOSED PROCUREMENTS AND A DAILY LIST OF U.S. GOVERNMENT INVITATIONS. ONLY ONE BID WAS RECEIVED AND CONTRACT NO. FA-WA-4253 WAS AWARDED TO TURBO DYNAMICS, INC., ON JANUARY 7, 1963.

IN YOUR TELEGRAM YOU PROTEST THE AWARD ON THE GROUND THAT YOU WERE NOT GIVEN AN OPPORTUNITY TO BID ON THIS EQUIPMENT ALTHOUGH YOUR EQUIPMENT WAS ONE OF TWO PIECES OF EQUIPMENT TESTED BY "NACEF" AND THAT THIS PURCHASE AMOUNTS TO A PURCHASE FROM A SOLE SOURCE.

IT HAS BEEN INFORMALLY ASCERTAINED FROM A REPRESENTATIVE OF THE ADMINISTRATIVE OFFICE THAT YOUR EQUIPMENT, TOGETHER WITH EQUIPMENT FROM FOUR OTHER FIRMS, WAS TESTED IN 1962 AT THE NATIONAL AVIATION FACILITIES EXPERIMENTAL CENTER (NAFEC). HOWEVER, THIS TESTING WAS NOT INCIDENT TO THIS PARTICULAR PROCUREMENT. IT WAS YOUR PREROGATIVE TO BE PUT ON THE BIDDERS' LISTS BY REQUESTING AND EXECUTING A BIDDER'S MAILING LIST APPLICATION, STANDARD FORM 129, AS OUTLINED IN FEDERAL PROCUREMENT REGULATIONS, PART 1-2. REGARDLESS OF THIS, THE CONTRACTING OFFICE TOOK AMPLE STEPS TO SECURE COMPETITION IN THAT INVITATIONS WERE MAILED TO 15 PROSPECTIVE BIDDERS AND THE PROCUREMENT WAS ADVERTISED IN A WIDELY RECOGNIZED PUBLICATION,"COMMERCE BUSINESS DAILY," THREE WEEKS IN ADVANCE OF THE BID OPENING DATE. WHILE IT MAY BE THAT YOU HAD EQUIPMENT OF THE TYPE HERE INVOLVED TESTED BY THE NAFEC, THE PURCHASING OFFICE WAS NOT AWARE OF THIS FACT.

IN VIEW OF THE FOREGOING, WE DO NOT FIND ANY BASIS FOR CONCLUDING THAT THE CONTRACTING OFFICE WAS CHARGEABLE WITH NOTICE OF YOUR ALLEGED ABILITY TO FURNISH EQUIPMENT MEETING THE INVOLVED SPECIFICATIONS AND WE MUST THEREFORE CONCLUDE THAT THE PROCUREMENT WAS SUFFICIENTLY AND PROPERLY ADVERTISED. YOUR PROTEST IS THEREFORE DENIED.