B-156532, JUL. 15, 1965

B-156532: Jul 15, 1965

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TO CHESAPEAKE INSTRUMENT CORPORATION: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED APRIL 13 AND CONFIRMING LETTER DATED APRIL 23. IN YOUR PROTEST YOU TOOK EXCEPTION TO THE LANGUAGE EMPLOYED IN THE SPECIFICATIONS AND YOU STATED THAT YOUR DESCRIPTIVE LITERATURE WAS IN COMPLETE CONFORMANCE WITH THE SPECIFICATIONS PROVIDED AND THAT THE AWARD TO THE DUKANE CORPORATION WAS PREDICATED ON DESIGN FEATURES NOT SPECIFICALLY REQUESTED BY THE PROCURING ACTIVITY. THE QUESTION PRESENTED IN THIS CASE IS WHETHER THE GOVERNMENT'S ACTUAL REQUIREMENTS WERE CLEARLY AND ACCURATELY STATED IN THE SPECIFICATIONS. IT IS THE OPINION OF THE ADMINISTRATIVE OFFICE. THAT THE INVITATION DID NOT CLEARLY AND ACCURATELY DESCRIBE THE INSTRUMENT WHICH LANGLEY RESEARCH CENTER STATES IS REQUIRED TO MEET ITS NEEDS.

B-156532, JUL. 15, 1965

TO CHESAPEAKE INSTRUMENT CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED APRIL 13 AND CONFIRMING LETTER DATED APRIL 23, 1965, PROTESTING AWARD OF A CONTRACT TO DUKANE CORPORATION UNDER NASA LANGLEY RESEARCH CENTER INVITATION FOR BIDS NO. L- 5217.

IN YOUR PROTEST YOU TOOK EXCEPTION TO THE LANGUAGE EMPLOYED IN THE SPECIFICATIONS AND YOU STATED THAT YOUR DESCRIPTIVE LITERATURE WAS IN COMPLETE CONFORMANCE WITH THE SPECIFICATIONS PROVIDED AND THAT THE AWARD TO THE DUKANE CORPORATION WAS PREDICATED ON DESIGN FEATURES NOT SPECIFICALLY REQUESTED BY THE PROCURING ACTIVITY.

THE QUESTION PRESENTED IN THIS CASE IS WHETHER THE GOVERNMENT'S ACTUAL REQUIREMENTS WERE CLEARLY AND ACCURATELY STATED IN THE SPECIFICATIONS, PARTICULARLY THAT PART OF PARAGRAPH 1.0, PAGE 8 OF THE INVITATION, WHICH PROVIDES THAT:

"THE RECEIVING TRANSDUCER SHALL BE DETACHABLE FROM THE HULL OF THE RECEIVER AND PROVIDED WITH AN EXTENSION CABLE SO THE RECEIVER MAY BE USED IN A SMALL BOAT, WITH THE TRANSDUCER HELD OVER THE SIDE ON AN AUXILIARY SUPPORTING STAFF.'

IT IS THE OPINION OF THE ADMINISTRATIVE OFFICE, AFTER TECHNICAL REVIEW, THAT THE INVITATION DID NOT CLEARLY AND ACCURATELY DESCRIBE THE INSTRUMENT WHICH LANGLEY RESEARCH CENTER STATES IS REQUIRED TO MEET ITS NEEDS. WHILE THE INVITATION STATED MERELY THAT THE TRANSDUCER SHALL BE DETACHABLE FROM THE HULL OF THE RECEIVER, THE RESEARCH CENTER STATES THAT IT ALSO MUST BE COMPLETELY DISCONNECTABLE FROM THE CABLE. ALTHOUGH THE INVITATION DID NOT SET OUT IN DETAIL THE TYPE OF TRANSDUCER NEEDED, IT IS NOW INDICATED THAT THE HORN REFRACTION TYPE IS NOT SUITABLE FOR USE. THE INVITATION STATED THAT THE TRANSDUCER WOULD BE USED IN A SMALL BOAT WITH THE TRANSDUCER HELD OVER THE SIDE, BUT MADE NO MENTION OF THE EFFECTS ON THE TRANSDUCER WHEN THE BOAT IS IN MOTION. THE ELEMENT OF MOTION IS FOUND TO BE INVOLVED IN THE REQUIREMENT, NAMELY,"WATER NOISE" CAUSED BY TOWING AT 2 AND 3 KNOTS, IS STATED TO BE OBJECTIONABLE IN THE ITEM REQUIRED.

FOR THE FOREGOING REASONS, THIS OFFICE HAS CONCURRED IN THE ADMINISTRATIVE PROPOSAL TO CANCEL THE AWARD MADE IN THIS INSTANCE AND TO READVERTISE THE PROCUREMENT UNDER REVISED SPECIFICATIONS.