B-157080, SEP. 24, 1965

B-157080: Sep 24, 1965

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TO WENRICH'S REFRIGERATION SERVICE: REFERENCE IS MADE TO YOUR LETTER OF JUNE 22. WHICH WAS ISSUED ON JUNE 9 BY THE NEW CUMBERLAND ARMY DEPOT. IT IS YOUR POSITION THAT SUCH REQUIREMENT IS RESTRICTIVE BECAUSE. YOU QUESTION WHY THE EXISTING MILITARY SPECIFICATION FOR THE ITEM WAS NOT USED. THE DEPARTMENT OF THE ARMY HAS ADVISED THAT THREE RESPONSIVE BIDS WERE RECEIVED UNDER THE IFB. IT WAS DETERMINED THAT AN EXISTING MILITARY SPECIFICATION WAS APPLICABLE TO THE PROCUREMENT ITEMS AND THAT THE DEFENSE GENERAL SUPPLY CENTER BEARS THE RESPONSIBILITY FOR PROCUREMENT OF SUCH ITEMS. THE IFB WAS CANCELLED ON JUNE 29. WE ARE FURTHER ADVISED THAT NOTIFICATION OF SUCH CANCELLATION. WAS GIVEN TO YOU AS WELL AS TO THE BIDDERS WHO RESPONDED TO THE IFB.

B-157080, SEP. 24, 1965

TO WENRICH'S REFRIGERATION SERVICE:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 22, 1965, AND SUBSEQUENT CORRESPONDENCE, PROTESTING AGAINST ANY AWARD UNDER INVITATION FOR BIDS (IFB) NO. AMC (M) 36-028-65-43.

THE INVITATION FOR BIDS, WHICH WAS ISSUED ON JUNE 9 BY THE NEW CUMBERLAND ARMY DEPOT, NEW CUMBERLAND, PENNSYLVANIA, SOLICITED BIDS ON THREE ITEMS OF FOOD DISPLAY CASES IN COMPLIANCE WITH SHORT PURCHASE DESCRIPTIONS, WHICH INCLUDED A REQUIREMENT FOR A DOUBLE AIR CURTAIN. IT IS YOUR POSITION THAT SUCH REQUIREMENT IS RESTRICTIVE BECAUSE, IN YOUR OPINION, ONLY ONE COMPANY MANUFACTURES A 3-DECK FROZEN FOOD CASE WITH A DOUBLE AIR CURTAIN. ADDITIONALLY, YOU QUESTION WHY THE EXISTING MILITARY SPECIFICATION FOR THE ITEM WAS NOT USED.

THE DEPARTMENT OF THE ARMY HAS ADVISED THAT THREE RESPONSIVE BIDS WERE RECEIVED UNDER THE IFB. HOWEVER, UPON REVIEW OF THE MATTER, IT WAS DETERMINED THAT AN EXISTING MILITARY SPECIFICATION WAS APPLICABLE TO THE PROCUREMENT ITEMS AND THAT THE DEFENSE GENERAL SUPPLY CENTER BEARS THE RESPONSIBILITY FOR PROCUREMENT OF SUCH ITEMS. ACCORDINGLY, THE IFB WAS CANCELLED ON JUNE 29, THE SCHEDULED BID OPENING DATE.

WE ARE FURTHER ADVISED THAT NOTIFICATION OF SUCH CANCELLATION, TOGETHER WITH ADVICE THAT THE PROCUREMENT WOULD NOT BE EFFECTED BY THE NEWCUMBERLAND ARMY DEPOT, WAS GIVEN TO YOU AS WELL AS TO THE BIDDERS WHO RESPONDED TO THE IFB.

IN VIEW OF THE FOREGOING, NO FURTHER ACTION ON THE PART OF OUR OFFICE APPEARS TO BE REQUIRED.