B-160246, DEC. 20, 1966

B-160246: Dec 20, 1966

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TO DIAMOND ANTENNA AND MICROWAVE CORPORATION: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10. YOU ALSO PROTEST THE CONTRACT AWARD TO A FIRM OTHER THAN DIAMOND SOON AFTER YOUR PROTEST WAS FILED. INVITATION FOR BIDS 09-603-66-982 WAS ISSUED ON APRIL 12. AN INITIAL AWARD QUANTITY OF 33 EACH WAS CONTEMPLATED WITH FIRST ARTICLES TESTING REQUIREMENTS ON THE ITEM. SEVENTEEN POTENTIAL SOURCES OF SUPPLY CONSISTING OF BOTH SMALL AND LARGE BUSINESS CONCERNS WHOSE NAMES APPEARED ON THE APPROPRIATE MECHANIZED BIDDER'S LIST WERE FURNISHED COPIES OF THE INVITATION. THE PROCUREMENT ALSO WAS SYNOPSIZED IN THE DEPARTMENT OF COMMERCE BUSINESS DAILY PURSUANT TO ASPR 1 -1003.1 (A). INVITATIONS WERE FURNISHED TO 17 OTHER SOURCES AT THEIR REQUEST.

B-160246, DEC. 20, 1966

TO DIAMOND ANTENNA AND MICROWAVE CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10, 1966, WITH ENCLOSURES, PROTESTING AGAINST THE FAILURE OF THE DEPARTMENT OF THE AIR FORCE TO SOLICIT YOUR COMPANY UNDER INVITATION FOR BIDS NO. 09-603 66- 982. YOU ALSO PROTEST THE CONTRACT AWARD TO A FIRM OTHER THAN DIAMOND SOON AFTER YOUR PROTEST WAS FILED. YOU CONTEND THAT LISTS OF QUALIFIED PRODUCTS SHOULD BE MADE AVAILABLE TO SMALL BUSINESS FIRMS, AND THAT THE QUALIFICATION OF PRODUCTS SHOULD BE AT GOVERNMENT EXPENSE.

INVITATION FOR BIDS 09-603-66-982 WAS ISSUED ON APRIL 12, 1966, COVERING INCREMENTAL QUANTITIES OF PART CODE NO. 5895-960-5778EA ROTARY JOINT ASSEMBLIES IN ACCORDANCE WITH HALLICRAFTERS DRAWING 010 002362, 150-003992 AND AF DRAWINGS 65C46272, 65C45308 AND 65C46495. AN INITIAL AWARD QUANTITY OF 33 EACH WAS CONTEMPLATED WITH FIRST ARTICLES TESTING REQUIREMENTS ON THE ITEM, AND TECHNICAL DATA RELATING THERETO. SEVENTEEN POTENTIAL SOURCES OF SUPPLY CONSISTING OF BOTH SMALL AND LARGE BUSINESS CONCERNS WHOSE NAMES APPEARED ON THE APPROPRIATE MECHANIZED BIDDER'S LIST WERE FURNISHED COPIES OF THE INVITATION. THE PROCUREMENT ALSO WAS SYNOPSIZED IN THE DEPARTMENT OF COMMERCE BUSINESS DAILY PURSUANT TO ASPR 1 -1003.1 (A). SEE 15 U.S.C. 637 (E). IN ADDITION TO THE 17 SOURCES INITIALLY SOLICITED, INVITATIONS WERE FURNISHED TO 17 OTHER SOURCES AT THEIR REQUEST. ONLY ONE BID UNDER THE INVITATION WAS RECEIVED ON MAY 16, 1966, FROM THE KEVLIN MANUFACTURING COMPANY IN THE AMOUNT OF $455 EACH FOR THE INITIAL AWARD QUANTITY PLUS $1,500 FOR FIRST ARTICLES TESTING. AWARD OF CONTRACT NO. AF09/603/-64637 WAS MADE TO KEVLIN ON JUNE 30, 1966, IN THE TOTAL AMOUNT OF $16,515. SUCH AWARD WAS SUPPORTED BY AN AFFIRMATIVE PREAWARD SURVEY.

THE FILE BEFORE US CONTAINS COPIES OF LETTERS FROM THE CONTRACTING ACTIVITY DATED JUNE 30 AND NOVEMBER 9, 1966, WHEREIN YOU WERE FULLY ADVISED AS TO THE CAUSES FOR THE NON-SOLICITATION AND OF THE CORRECTIVE ACTIONS TO BE TAKEN. HENCE, IT IS NOT NECESSARY HERE TO RESTATE THE CONTENTS OF THOSE LETTERS. SEE 34 COMP. GEN. 684.

RESPECTING THE FURNISHING OF QUALIFIED PRODUCTS LISTS TO SMALL BUSINESS FIRMS, YOU ARE ADVISED THAT LISTS OF SUCH PRODUCTS ARE READILY AVAILABLE FROM THE PROCUREMENT ACTIVITY. SEE ASPR 1.1104. THE SPECIFICATIONS WHICH REQUIRE PRODUCTS TO BE TESTED AND QUALIFIED ARE IDENTIFIED IN THE DEPARTMENT OF DEFENSE INDEX OF SPECIFICATIONS AND STANDARDS. CHAPTER IV OF DEFENSE STANDARDIZATION MUTUAL (M-200) IS THE BASIC DIRECTIVE CONCERNING THE QUALIFIED PRODUCTS AND QUALIFICATION PROCEDURES. FURTHER, WHEN IT IS DETERMINED THAT PRODUCT IS TO BE COVERED BY A QUALIFIED PRODUCTS LIST, THE INTENTION TO DO SO IS PUBLISHED IN THE DEPARTMENT OF COMMERCE BUSINESS DAILY. THE COST OF QUALIFYING A PRODUCT FOR INCLUSION ON A QUALIFIED PRODUCTS LIST IS NOT ORDINARILY THAT OF THE GOVERNMENT, HOWEVER, IN PARTICULAR SITUATIONS SUCH COSTS MAY BE BORNE OR SHARED BY THE GOVERNMENT ONLY WHEN CHARGES FOR THE PERFORMANCE OF THE TESTS ARE SO SUBSTANTIAL AS WOULD DISCOURAGE OR PREVENT THE ESTABLISHMENT OF SUITABLE SOURCES OF SUPPLY.