B-152717, JAN. 17, 1964

B-152717: Jan 17, 1964

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THE IN FLIGHT DINING PACKET WAS PURCHASED BY GSA UNDER A "BRAND NAME OR EQUAL" DESCRIPTION. THEN A NEW SPECIFICATION WAS INTRODUCED. FORK AND SPOON WHICH YOU SAY ARE NOT NEEDED AND WHICH YOU SAY RESULTS IN RESTRICTING COMPETITION TO ONLY ONE SOURCE (VAN BRODE MILLING COMPANY). PARTICULARLY SINCE THE HIGH COST OF MOLDS WILL NO LONGER BE A CONSIDERATION. WILL CONTINUE TO WORK WITH THEM FOR THE PURPOSE OF DEVELOPING AN INTERIM FEDERAL SPECIFICATION WHICH WILL COVER ACCEPTABLE COMMERCIALLY AVAILABLE PLASTIC TABLEWARE ITEMS WHICH WILL MEET THE NEEDS OF THE GOVERNMENT. WE ARE CLOSING OUR FILE ON THE MATTER.

B-152717, JAN. 17, 1964

TO SPEC-PAK, INC.:

THIS REFERS TO YOUR LETTER OF OCTOBER 22, 1963, PROTESTING AGAINST THE SPECIFICATION USED BY THE GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE OF IN FLIGHT DINING PACKETS UNDER SEVERAL RECENT INVITATIONS.

YOU REPORT THAT UNTIL RECENTLY, THE IN FLIGHT DINING PACKET WAS PURCHASED BY GSA UNDER A "BRAND NAME OR EQUAL" DESCRIPTION; BUT THEN A NEW SPECIFICATION WAS INTRODUCED, CALLING FOR A HEAVY DUTY KNIFE, FORK AND SPOON WHICH YOU SAY ARE NOT NEEDED AND WHICH YOU SAY RESULTS IN RESTRICTING COMPETITION TO ONLY ONE SOURCE (VAN BRODE MILLING COMPANY). YOU ASK FOR A RETURN TO A "BRAND NAME OR EQUAL" PURCHASE DESCRIPTION, AFTER CONSULTATION WITH INDUSTRY.

BY LETTER OF JANUARY 3, 1964, GSA ADVISED US THAT AS OF OCTOBER 24, 1963, IT DISCONTINUED THE USE OF THE PURCHASE DESCRIPTION IN CONTENTION BECAUSE OF OBJECTIONS RECEIVED AGAINST IT; AND THAT THE PURCHASE DESCRIPTION HAS NOW BEEN REVISED TO MAKE IT ACCEPTABLE TO INDUSTRY, PARTICULARLY SINCE THE HIGH COST OF MOLDS WILL NO LONGER BE A CONSIDERATION. GSA FURTHER INFORMS US THAT IT HAS HELD SEVERAL MEETINGS WITH YOUR FIRM, AND OTHERS, AND WILL CONTINUE TO WORK WITH THEM FOR THE PURPOSE OF DEVELOPING AN INTERIM FEDERAL SPECIFICATION WHICH WILL COVER ACCEPTABLE COMMERCIALLY AVAILABLE PLASTIC TABLEWARE ITEMS WHICH WILL MEET THE NEEDS OF THE GOVERNMENT.

UNDER THE CIRCUMSTANCES, IT APPEARS THAT YOUR PROTEST HAS BEEN SATISFACTORILY RESOLVED BY THE GSA; AND WE ARE CLOSING OUR FILE ON THE MATTER.