B-156017, APR. 27, 1965

B-156017: Apr 27, 1965

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INCORPORATED: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 25. THE INVITATION PROVIDES THAT AN AWARD WILL BE MADE TO A FIRM WHOSE PRODUCT IS INCLUDED IN THE QUALIFIED PRODUCTS LIST FOR THIS SPECIFICATION. THREE BIDS WERE RECEIVED. THE LOW BIDDER WAS TELEPHONICS. ITS PRODUCT IS ON THE QUALIFIED PRODUCTS LIST. YOUR BID WAS THE NEXT LOWEST BID RECEIVED. - THAT THE BID OF TELEPHONICS IS RESPONSIVE TO THE INVITATION. TELEPHONICS HAS ASSURED THE PROCURING OFFICE THAT ANY RECEIVERS WHICH WILL BE SUPPLIED TO THE GOVERNMENT AS A RESULT OF AN AWARD UNDER THE INSTANT INVITATION WILL BE A QUALIFIED PRODUCT UNDER THE CITED SPECIFICATION MIL-E-25670. THE CONTRACTING OFFICER HAS STATED THAT BECAUSE OF THE DOLLAR VALUE IN THIS CASE A FACILITY CAPABILITIES REPORT ORDINARILY WOULD NOT BE REQUESTED BUT IN VIEW OF YOUR ALLEGATIONS A COMPLETE REPORT WILL BE REQUESTED.

B-156017, APR. 27, 1965

TO ELECTRO-VOICE, INCORPORATED:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 25, 1965, PROTESTING THE POSSIBLE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. IFB 30-635-65-133 ISSUED BY ROME AIR MATERIEL AREA, GRIFFISS AIR FORCE BASE, NEW YORK, ON DECEMBER 23, 1964.

THE INVITATION SOLICITED BIDS--- TO BE OPENED JANUARY 25, 1965--- FOR FURNISHING 3,112 EARPHONES, TYPE H-143/AIC, IAW SPECIFICATION MIL E-25670 (USAF), AMENDMENT NO. 1. THE INVITATION PROVIDES THAT AN AWARD WILL BE MADE TO A FIRM WHOSE PRODUCT IS INCLUDED IN THE QUALIFIED PRODUCTS LIST FOR THIS SPECIFICATION. THREE BIDS WERE RECEIVED. THE LOW BIDDER WAS TELEPHONICS, A DIVISION OF INSTRUMENT SYSTEMS CORPORATION, AND ITS PRODUCT IS ON THE QUALIFIED PRODUCTS LIST. YOUR BID WAS THE NEXT LOWEST BID RECEIVED.

IN YOUR PROTEST YOU ALLEGE THAT TELEPHONICS INTENDS TO FURNISH EQUIPMENT THAT DIFFERS FROM THE SPECIFICATION IN MANY SIGNIFICANT AREAS AND ALSO FROM THOSE UNITS HERETOFORE EXAMINED BY YOU. IN SUPPORT OF YOUR ALLEGATIONS YOU ENCLOSED A COPY OF A LETTER DATED NOVEMBER 10, 1964, YOU ADDRESSED TO THE DEFENSE ELECTRONICS SUPPLY CENTER, DAYTON, OHIO, IN WHICH YOU REFER TO AN INVITATION FOR BIDS FOR THE SAME ITEM AS HERE INVOLVED AND AS TO WHICH YOU INDICATE THAT TELEPHONICS INTENDED TO FURNISH AN ARTICLE (EARPHONE ELEMENTS) WHICH WOULD BE CONSTRUCTED DIFFERENTLY THAN ITS PRODUCT WHICH HAD BEEN PUT ON THE QUALIFIED PRODUCTS LIST. HOWEVER, NO EVIDENCE HAS BEEN FURNISHED THAT IT HAS FURNISHED A PRODUCT TO THE DEFENSE SUPPLY AGENCY THAT DOES NOT CONFORM TO SPECIFICATIONS.

THE ADMINISTRATIVE OFFICE REPORTS--- AND IT SO APPEARS--- THAT THE BID OF TELEPHONICS IS RESPONSIVE TO THE INVITATION. IN FACT, TELEPHONICS HAS ASSURED THE PROCURING OFFICE THAT ANY RECEIVERS WHICH WILL BE SUPPLIED TO THE GOVERNMENT AS A RESULT OF AN AWARD UNDER THE INSTANT INVITATION WILL BE A QUALIFIED PRODUCT UNDER THE CITED SPECIFICATION MIL-E-25670. FURTHERMORE, THE CONTRACTING OFFICER HAS STATED THAT BECAUSE OF THE DOLLAR VALUE IN THIS CASE A FACILITY CAPABILITIES REPORT ORDINARILY WOULD NOT BE REQUESTED BUT IN VIEW OF YOUR ALLEGATIONS A COMPLETE REPORT WILL BE REQUESTED. ALL ADMINISTRATIVE PERSONNEL CONNECTED WITH ANY RESULTING AWARD TO TELEPHONICS WILL BE REQUESTED TO MAINTAIN CLOSE SURVEILLANCE OF THE CONTRACTOR'S PERFORMANCE TO ASSURE THAT THE EQUIPMENT DELIVERED MEETS SPECIFICATION REQUIREMENTS.

SINCE THERE HAS NOT BEEN FURNISHED ANY CONCLUSIVE EVIDENCE THAT TELEPHONICS, IF AWARDED THE CONTRACT, WILL FURNISH AN ITEM OTHER THAN THE ONE FOR WHICH IT HAS RECEIVED QUALIFICATION APPROVAL, YOUR PROTEST IS DENIED.