B-156969, SEP. 17, 1965

B-156969: Sep 17, 1965

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INCORPORATED: REFERENCE IS MADE TO YOUR LETTERS OF JUNE 7 AND 17. WHICH WAS AWARDED TO A COMPETITOR UNDER INVITATION FOR BIDS NO. 08-606 65-266 ON MAY 27. WE HAVE NOW RECEIVED AN ADMINISTRATIVE REPORT ON YOUR PROTEST. BECAUSE OF CERTAIN MATTERS "OF CATASTROPHIC PROPORTIONS" WHICH HAVE OCCURRED TO BIO-TECH. THE REPORT FURTHER STATES THAT THE CONTRACTING OFFICER AT THE PROCUREMENT ACTIVITY WAS UNABLE TO GET IN TOUCH WITH BIO-TECH AFTER RECEIPT OF THE TELEGRAM. SINCE THE PROTESTED CONTRACT WAS AWARDED ON MAY 27. WE BELIEVE IT WILL SERVE NO USEFUL PURPOSE TO DECIDE THE MERITS OF YOUR PROTEST.

B-156969, SEP. 17, 1965

TO BIO-TECH, INCORPORATED:

REFERENCE IS MADE TO YOUR LETTERS OF JUNE 7 AND 17, 1965, CONCERNING YOUR ALLEGED ENTITLEMENT TO A CONTRACT FOR DISCRIMINATOR CALIBRATORS, WHICH WAS AWARDED TO A COMPETITOR UNDER INVITATION FOR BIDS NO. 08-606 65-266 ON MAY 27, 1965. WE HAVE NOW RECEIVED AN ADMINISTRATIVE REPORT ON YOUR PROTEST, WHICH STATES THAT YOUR BID DID NOT CONFORM TO SPECIFICATIONS WHICH REQUIRED BIDDERS OFFERING AN "EQUAL" PRODUCT TO CLEARLY IDENTIFY IT AND FURNISH INFORMATION ESTABLISHING ITS EQUALITY WITH THE SPECIFIED "BRAND NAME" PRODUCTS.

IN ADDITION, THE ADMINISTRATIVE REPORT INCLUDES A COPY OF A TELEGRAM FROM BIO-TECH TO PATRICK AIR FORCE BASE, DATED JULY 14, 1965, IN WHICH YOU ASK TO BE EXCUSED FROM PERFORMANCE OF CONTRACT AF 08/606/-7749, AWARDED TO YOUR FIRM ON JUNE 25, 1965, BECAUSE OF CERTAIN MATTERS "OF CATASTROPHIC PROPORTIONS" WHICH HAVE OCCURRED TO BIO-TECH. THE REPORT FURTHER STATES THAT THE CONTRACTING OFFICER AT THE PROCUREMENT ACTIVITY WAS UNABLE TO GET IN TOUCH WITH BIO-TECH AFTER RECEIPT OF THE TELEGRAM. IN VIEW OF THESE INDICATIONS THAT YOU WOULD NOT NOW BE ABLE TO PERFORM A CONTRACT UNDER THE SUBJECT INVITATION, AND SINCE THE PROTESTED CONTRACT WAS AWARDED ON MAY 27, 1965, WE BELIEVE IT WILL SERVE NO USEFUL PURPOSE TO DECIDE THE MERITS OF YOUR PROTEST. WE ARE CLOSING OUR FILES ON THIS MATTER AND WILL NOT FURTHER CONSIDER THE PROTEST IN THE ABSENCE OF A REQUEST FROM YOU FOR REOPENING IT. ..END :