B-154273, AUG. 18, 1964

B-154273: Aug 18, 1964

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TO BRAMSON ENGINEERING COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 22. YOU CONTEND THAT THE PROCUREMENT SHOULD BE FORMALLY ADVERTISED RATHER THAN NEGOTIATED SINCE THE SUPPLIES BEING PROCURED "ARE PROPERLY COVERED BY SPECIFICATION AND HAVE BEEN PREVIOUSLY PURCHASED IN QUANTITY BY DSA.'. IT IS REPORTED THAT AT THE TIME OF THE ISSUANCE OF THE REQUEST FOR PROPOSALS ADEQUATE DETAILED SPECIFICATIONS WERE NOT AVAILABLE FOR FORMAL ADVERTISING PURPOSES WITHOUT REFERENCE TO A PARTICULAR BRAND NAME OR EQUAL REQUIREMENT. IT IS REPORTED THAT SINCE THE ISSUANCE OF THE REQUEST FOR PROPOSALS. DEFENSE MEDICAL SUPPLY CENTER ENGINEERS HAVE OBTAINED SUFFICIENT ADDITIONAL TECHNICAL INFORMATION CONCERNING THE CONSTRUCTION OF THE STERILIZER TO PERMIT A REVISION OF THE PURCHASE DESCRIPTION WHICH WILL CLARIFY THE SPECIFICATIONS CONSIDERABLY AND WILL PERMIT THE DELETION OF THE BRAND NAME REFERENCE.

B-154273, AUG. 18, 1964

TO BRAMSON ENGINEERING COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 22, 1964, PROTESTING THE PROCUREMENT BY NEGOTIATION OF A QUANTITY OF STERILIZERS, SURGICAL INSTRUMENTS AND DRESSINGS, STOCK NO. 6530-973 9716, BEING CONDUCTED BY THE DEFENC MEDICAL SUPPLY CENTER, BROOKLYN, NEW YORK, UNDER REQUEST FOR PROPOSALS NO. DSA-2-4671, ISSUED MAY 20, 1964.

YOU CONTEND THAT THE PROCUREMENT SHOULD BE FORMALLY ADVERTISED RATHER THAN NEGOTIATED SINCE THE SUPPLIES BEING PROCURED "ARE PROPERLY COVERED BY SPECIFICATION AND HAVE BEEN PREVIOUSLY PURCHASED IN QUANTITY BY DSA.'

IT IS REPORTED THAT AT THE TIME OF THE ISSUANCE OF THE REQUEST FOR PROPOSALS ADEQUATE DETAILED SPECIFICATIONS WERE NOT AVAILABLE FOR FORMAL ADVERTISING PURPOSES WITHOUT REFERENCE TO A PARTICULAR BRAND NAME OR EQUAL REQUIREMENT. HOWEVER, IT IS REPORTED THAT SINCE THE ISSUANCE OF THE REQUEST FOR PROPOSALS, DEFENSE MEDICAL SUPPLY CENTER ENGINEERS HAVE OBTAINED SUFFICIENT ADDITIONAL TECHNICAL INFORMATION CONCERNING THE CONSTRUCTION OF THE STERILIZER TO PERMIT A REVISION OF THE PURCHASE DESCRIPTION WHICH WILL CLARIFY THE SPECIFICATIONS CONSIDERABLY AND WILL PERMIT THE DELETION OF THE BRAND NAME REFERENCE, WHILE STILL INSURING THE DELIVERY TO THE GOVERNMENT OF A SATISFACTORY ITEM. THEREFORE, REQUEST FOR PROPOSALS NO. DSA-2-4671 HAS BEEN CANCELED AND UPON COMPLETION OF THE REVISION TO THE SPECIFICATIONS BIDS WILL BE REQUESTED UNDER FORMAL ADVERTISING PROCEDURES, USING THE REVISED SPECIFICATIONS.

IN VIEW OF THE ADMINISTRATIVE ACTION TAKEN, NO FURTHER ACTION BY THIS OFFICE APPEARS NECESSARY IN CONNECTION WITH YOUR PROTEST.