B-151742, AUG. 20, 1963

B-151742: Aug 20, 1963

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THE RECORD BEFORE US SHOWS THAT QUOTATIONS WERE REQUESTED ON A BRAND NAME BASIS. FOUR QUOTATIONS WERE RECEIVED ON FEBRUARY 21. THE PURCHASE ORDER WAS ISSUED TO WORTH ON MARCH 20. WE ARE ADVISED THAT THIS CLEANER. WHILE QUOTATIONS WERE CONSIDERED ON A BASIS DIFFERENT THAN THAT STATED IN THE REQUEST THE STANDARD GOVERNMENT FORM USED TO INVITE QUOTATIONS SPECIFICALLY ADVISED OFFERORS THAT IT WAS "A REQUEST FOR INFORMATION AND QUOTATIONS FURNISHED ARE NOT OFFERS.'. THE GOVERNMENT WAS NOT NECESSARILY REQUIRED TO PURCHASE A PRODUCT AS EXACTLY DESCRIBED IN THE REQUEST FOR PROPOSALS BUT COULD PURCHASE A PRODUCT WHICH WOULD SATISFACTORILY MEET THE GOVERNMENT'S NEEDS. YOUR COMPANY WILL BE GIVEN AN OPPORTUNITY TO BID ON THE SAME QUALITY PRODUCT FOUND TO BE SATISFACTORY UNDER THIS PARTICULAR PURCHASE.

B-151742, AUG. 20, 1963

TO LESTER LABORATORIES, INC.:

BY LETTER DATED JUNE 7, 1963, WITH ENCLOSURES, YOU PROTESTED AGAINST THE PURCHASE OF NONSPECIFICATION CLEANING COMPOUND UNDER REQUEST FOR QUOTATIONS NO. DA-8/48177, ISSUED ON FEBRUARY 11, 1963, BY THE REGIONAL BUYING DIVISION, GENERAL SERVICES ADMINISTRATION, FORT WORTH, TEXAS.

THE RECORD BEFORE US SHOWS THAT QUOTATIONS WERE REQUESTED ON A BRAND NAME BASIS,"METALENE CONCENTRATE," OR EQUAL, AS MANUFACTURED BY YOUR COMPANY. FOUR QUOTATIONS WERE RECEIVED ON FEBRUARY 21, 1963, RANGING FROM YOUR HIGH OFFER TO FURNISH "METALENE CONCENTRATE" FOR $770 TO THE LOWER OFFER OF THE WORTH CHEMICAL COMPANY IN THE AMOUNT OF $341 FOR AN ITEM DESIGNATED AS ,WC -2115 COIL AND FILTER CLEANER.' THE PROCUREMENT OFFICE ELECTED TO PURCHASE THE CLEANING COMPOUND, NOT ON THE BASIS OF "METALENE CONCENTRATE," OR EQUAL, BUT AS A DEFINITE OPEN MARKET PURCHASE BASED ON PRICE AND QUALITY ALONE. THEREFORE, THE PURCHASE ORDER WAS ISSUED TO WORTH ON MARCH 20, 1963, FOR "WC-2115 COIL AND FILTER CLEANER.' WE ARE ADVISED THAT THIS CLEANER, WHICH HAD BEEN SATISFACTORILY USED BY THE GOVERNMENT ON PREVIOUS OCCASIONS, WOULD SATISFY THE GOVERNMENT'S REQUIREMENTS.

WHILE QUOTATIONS WERE CONSIDERED ON A BASIS DIFFERENT THAN THAT STATED IN THE REQUEST THE STANDARD GOVERNMENT FORM USED TO INVITE QUOTATIONS SPECIFICALLY ADVISED OFFERORS THAT IT WAS "A REQUEST FOR INFORMATION AND QUOTATIONS FURNISHED ARE NOT OFFERS.' HENCE, THE GOVERNMENT WAS NOT NECESSARILY REQUIRED TO PURCHASE A PRODUCT AS EXACTLY DESCRIBED IN THE REQUEST FOR PROPOSALS BUT COULD PURCHASE A PRODUCT WHICH WOULD SATISFACTORILY MEET THE GOVERNMENT'S NEEDS. THE PROCEDURES FOR SMALL PURCHASES PRESCRIBED BY SECTION 1-3.6 OF THE FEDERAL PROCUREMENT REGULATIONS DO NOT SPECIFICALLY PROHIBIT THE ACTIONS TAKEN HERE OR OTHERWISE PRECLUDE DEPARTURES FROM PRODUCT DESCRIPTIONS IN ORDER TO OBTAIN A SOMEWHAT DIFFERENT PRODUCT AT SAVINGS OF ABOUT 175 PERCENT OVER THE PRODUCT DESCRIBED.

THE PROCUREMENT AGENCY ADVISES THAT, IN THE FUTURE, YOUR COMPANY WILL BE GIVEN AN OPPORTUNITY TO BID ON THE SAME QUALITY PRODUCT FOUND TO BE SATISFACTORY UNDER THIS PARTICULAR PURCHASE.