B-154813, AUG. 27, 1964

B-154813: Aug 27, 1964

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO BRAMSON ENGINEERING COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 23. DELIVERIES WERE REQUIRED TO BE MADE DURING AUGUST AND SEPTEMBER. YOU CONTEND THAT THIS PROCUREMENT IS MORE APPROPRIATE FOR FORMAL ADVERTISING THAN FOR NEGOTIATION SINCE ADEQUATE SPECIFICATIONS ARE AVAILABLE. IT IS REPORTED THAT THE ITEM INVOLVED WAS PURCHASED ONLY ONCE PREVIOUSLY BY THE DMSC AND THAT WAS UNDER INVITATION FOR BIDS NO. SIX BIDS WERE RECEIVED. AWARD WAS MADE TO THE LOW ACCEPTABLE BIDDER AT A UNIT PRICE OF $43.63. SINCE THE PRESENT PROCUREMENT COVERS ONLY 36 OF THE WASHERS AND THE AGGREGATE VALUE THEREOF UNDOUBTEDLY WILL BE LESS THAN $2. IT WAS DETERMINED BY DMSC THAT THE PROCUREMENT WAS SUITABLE FOR NEGOTIATION PURSUANT TO 10 U.S.C. 2304 (A) (3) AND ASPR 3-203.

B-154813, AUG. 27, 1964

TO BRAMSON ENGINEERING COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 23, 1964, PROTESTING THE SOLICITATION BY THE DEFENSE MEDICAL SUPPLY CENTER (DMSC), BROOKLYN, NEW YORK, BY MEANS OF REQUEST FOR QUOTATIONS NO. DSA 2-4798, OF OFFERS TO FURNISH 36 AUTOMATIC PIPET WASHERS, FSN 6640-756 2595, IN ACCORDANCE WITH FEDERAL SPECIFICATION NO. GG-W-105C OF FEBRUARY 11, 1960, WITH CERTAIN MINOR EXCEPTIONS.

THE REQUEST FOR PROPOSALS AS ISSUED ON JULY 21, 1964, REQUIRED THAT QUOTATIONS BE RECEIVED AT DMSC BY AUGUST 5, 1964, AND DELIVERIES WERE REQUIRED TO BE MADE DURING AUGUST AND SEPTEMBER. HOWEVER, THE FINAL DATE FOR RECEIPT OF QUOTATIONS HAS BEEN EXTENDED TO AUGUST 31, 1964, AND THE DELIVERY PERIOD EXTENDED TO SEPTEMBER AND OCTOBER 1964.

YOU CONTEND THAT THIS PROCUREMENT IS MORE APPROPRIATE FOR FORMAL ADVERTISING THAN FOR NEGOTIATION SINCE ADEQUATE SPECIFICATIONS ARE AVAILABLE.

IT IS REPORTED THAT THE ITEM INVOLVED WAS PURCHASED ONLY ONCE PREVIOUSLY BY THE DMSC AND THAT WAS UNDER INVITATION FOR BIDS NO. DSA 2-62-24, ISSUED JANUARY 15, 1962, COVERING 170 OF SUCH WASHERS. SIX BIDS WERE RECEIVED. AWARD WAS MADE TO THE LOW ACCEPTABLE BIDDER AT A UNIT PRICE OF $43.63. YOU SUBMITTED A BID IN RESPONSE TO THAT INVITATION QUOTING A PRICE OF $61.92 EACH.

SINCE THE PRESENT PROCUREMENT COVERS ONLY 36 OF THE WASHERS AND THE AGGREGATE VALUE THEREOF UNDOUBTEDLY WILL BE LESS THAN $2,500, IT WAS DETERMINED BY DMSC THAT THE PROCUREMENT WAS SUITABLE FOR NEGOTIATION PURSUANT TO 10 U.S.C. 2304 (A) (3) AND ASPR 3-203, WHICH AUTHORIZE NEGOTIATIONS FOR PURCHASES NOT EXCEEDING $2,500.

ASPR 3-600 THROUGH 3-603 COVERING MANDATORY PROCEDURES INVOLVING "SMALL PURCHASES" PROVIDES THAT WHEN THE AGGREGATE AMOUNT INVOLVED IN ANY ONE TRANSACTION DOES NOT EXCEED $2,500, SUCH PROCUREMENT SHALL BE ACCOMPLISHED BY NEGOTIATION. THE OBJECTIVE OF THE SIMPLIFIED PURCHASE METHODS PRESCRIBED THEREIN IS TO REDUCE THE ADMINISTRATIVE COSTS IN ACCOMPLISHING SMALL PURCHASES AND TO ELIMINATE COSTLY AND TIME CONSUMING PAPER PROCESSES. SUCH PROCEDURE REQUIRES REASONABLE SOLICITATION OF QUOTATIONS TO BE SECURED FROM QUALIFIED SOURCES IN ORDER TO ASSURE THAT THE PROCUREMENT IS MADE TO THE ADVANTAGE OF THE GOVERNMENT, PRICE AND OTHER FACTORS CONSIDERED, INCLUDING THE ADMINISTRATIVE COST OF THE PURCHASE.

IN VIEW OF THE FOREGOING REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW, AND SINCE THE PROCUREMENT HERE INVOLVED COMES WITHIN THE "SMALL PURCHASES" PROCEDURES, THERE IS NO BASIS FOR US TO OBJECT TO THE ADMINISTRATIVE PROCEDURES BEING EMPLOYED FOR THIS PROCUREMENT. APPARENTLY YOU HAVE BEEN SOLICITED AND YOU ARE FREE TO SUBMIT AN OFFER TO FURNISH THE ITEM.