B-158232, MAR. 3, 1966

B-158232: Mar 3, 1966

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TO REYNOLDS METALS COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED DECEMBER 23. YOU HAVE ALLEGED THAT THE REQUIREMENT FOR CORRUGATED METAL PANELS WITH SEALED INTERLOCKING STANDING SIDE LAPS RESTRICTED AWARD TO ONLY ONE PRODUCER OF METAL ROOFING PRODUCTS. INDICATES THAT THERE IS SOME QUESTION WHETHER THE STANDING SIDE LAPS SPELLED OUT IN THE SPECIFICATION ARE INDEED PROPRIETARY TO THE ELWIN G. NEVERTHELESS ALL BIDS RECEIVED UNDER THE INVITATION HAVE BEEN REJECTED AFTER BID OPENING AND THE INVITATION CANCELLED BECAUSE OF INSUFFICIENT FUNDS TO AWARD A CONTRACT. WE ARE INFORMED THAT THE PLANS AND SPECIFICATIONS ARE BEING REVISED TO DELETE THE MANDATORY REQUIREMENT FOR THE INTERLOCKING STANDING SEEMS AT SIDE LAPS.

B-158232, MAR. 3, 1966

TO REYNOLDS METALS COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED DECEMBER 23, 1965, AND JANUARY 13, 1966, THE LATTER WITH ATTACHMENTS, PROTESTING THE SPECIFICATIONS ADVERTISED BY THE UNITED STATES ARMY ENGINEER DISTRICT, BALTIMORE, MARYLAND, AS PART OF INVITATION FOR BIDS NO. ENG-18-020-66 19. THE SUBJECT INVITATION, ISSUED ON NOVEMBER 18, 1965, COVERED METAL ROOFING SERVICES TO BE PERFORMED IN CONNECTION WITH A "CORROSION CONTROL FACILITY" USED FOR THE WASHING OF AIRCRAFT TO BE CONSTRUCTED AT DOVER AIR FORCE BASE, DELAWARE. YOU HAVE ALLEGED THAT THE REQUIREMENT FOR CORRUGATED METAL PANELS WITH SEALED INTERLOCKING STANDING SIDE LAPS RESTRICTED AWARD TO ONLY ONE PRODUCER OF METAL ROOFING PRODUCTS, VIZ. THE ELWIN G. SMITH COMPANY OF PITTSBURGH, PENNSYLVANIA.

A REPORT TO OUR OFFICE DATED FEBRUARY 9, 1966, SIGNED BY THE GENERAL COUNSEL OF THE CORPS OF ENGINEERS, INDICATES THAT THERE IS SOME QUESTION WHETHER THE STANDING SIDE LAPS SPELLED OUT IN THE SPECIFICATION ARE INDEED PROPRIETARY TO THE ELWIN G. SMITH COMPANY. THAT COMPANY HAS APPARENTLY APPLIED FOR A PATENT COVERING THE TOOL USED FOR PRODUCING THE STANDING SEAM. NEVERTHELESS ALL BIDS RECEIVED UNDER THE INVITATION HAVE BEEN REJECTED AFTER BID OPENING AND THE INVITATION CANCELLED BECAUSE OF INSUFFICIENT FUNDS TO AWARD A CONTRACT. WE ARE INFORMED THAT THE PLANS AND SPECIFICATIONS ARE BEING REVISED TO DELETE THE MANDATORY REQUIREMENT FOR THE INTERLOCKING STANDING SEEMS AT SIDE LAPS. THE REQUIREMENT WILL BE READVERTISED IN THE NEAR FUTURE PURSUANT TO AN INVITATION SETTING FORTH FOUR PRICE SCHEDULES: ONE SCHEDULE COVERING BIDS PREDICATED UPON SUPPLYING THE STANDING SEAMS; ONE FOR ALUMINUM ROOFING WITH LAP JOINTS; ONE FOR GALVANIZED METAL WITH LAP JOINTS AND THE LAST FOR PROTECTED METAL WITH LAP JOINTS. AWARD WILL BE MADE TO THE LOWEST OVERALL BIDDER REGARDLESS OF SCHEDULE. YOUR COMPANY WILL RECEIVE A SOLICITATION AT THE APPROPRIATE TIME.

WE TRUST THAT THIS INFORMATION SATISFIES YOUR OBJECTIONS AND, UNLESS WE HEAR FURTHER FROM YOU, WE INTEND TO CLOSE OUR FILES ON THE MATTER ACCORDINGLY.