B-160776, APR. 10, 1967

B-160776, APR. 10, 1967

TO ANTENNA PRODUCTS COMPANY:

REFERENCE IS MADE TO YOUR TELEGRAM OF JANUARY 26, 1967, AND LETTERS DATED JANUARY 31 AND FEBRUARY 15, 1967, PROTESTING AGAINST THE AWARD OF A CONTRACT TO HY-GAIN ELECTRONICS CORPORATION UNDER INVITATION FOR BIDS(IFB) NO. F34601-B-0285 ISSUED BY THE OKLAHOMA CITY AIR MATERIEL AREA ON DECEMBER 7, 1966.

THE INVITATION REQUESTED BIDS FOR A QUANTITY OF HIGH FREQUENCY ANTENNAS AND RELATED ITEMS AND DATA, IN ACCORDANCE WITH TECHNICAL EXHIBIT OCNEE 66- 8 DATED FEBRUARY 15, 1966, AS AMENDED. PARAGRAPH 8 ON PAGE 5 OF THE INVITATION PROVIDES:

"8. ADDITIONAL INFORMATION REQUIRED WITH CONTRACTOR'S PROPOSAL

"EQUIPMENT TO BE PROCURED HEREUNDER IS OF COMMERCIAL DESIGN CONSIDERED TO BE SUITABLE FOR MILITARY REQUIREMENTS. THE SPECIFICATION OR PURCHASE DESCRIPTION COVERS ONLY ESSENTIAL AIR FORCE REQUIREMENTS. THE PRODUCTS OF MORE THAN ONE COMMERCIAL MANUFACTURER MAY MEET THE ESSENTIAL AIR FORCE REQUIREMENTS AS OUTLINED IN THE SPECIFICATION OR PURCHASE DESCRIPTION. OBTAIN THE BEST AVAILABLE COMMERCIAL EQUIPMENT SUITABLE FOR AIR FORCE USE AT THE MOST REASONABLE COST, ADDITIONAL INFORMATION FROM EACH BIDDER IS REQUIRED BY THE COGNIZANT ENGINEERING ORGANIZATION OF THE PROCURING AGENCY FOR (1) EVALUATION AS TO COMPLIANCE WITH ESSENTIAL AIR FORCE REQUIREMENTS, AND (2) COMPARISON WITH OTHER BIDDER'S PRODUCTS.

"TO AFFORD EACH BIDDER AN EQUAL OPPORTUNITY TO PRESENT ADVANTAGEOUS OR DESIRABLE FEATURES OF HIS PRODUCT, THE FOLLOWING INFORMATION, IN DUPLICATE, SHOULD BE FURNISHED WITH THE BIDDER'S PROPOSAL. (THIS MATERIEL WILL NOT BE RETURNED TO THE CONTRACTOR:)

"A. BROCHURE, PAMPHLET, INSTRUCTION BOOK, PHOTOGRAPH/S), APPLICABLE CATALOG PAGE/S), OR OTHER AVAILABLE PRINTED MATERIAL REGARDING THE MANUFACTURER'S PRODUCT. IF NOT AVAILABLE, A STATEMENT WILL BE MADE THAT NO PRINTED MATERIAL REGARDING THE PRODUCT IS AVAILABLE.

"B. A LISTING OF THE GOVERNMENT REQUIREMENTS, BY SPECIFICATION PARAGRAPH NUMBER AND/OR NOUN DESCRIPTION, FOLLOWED BY A STATEMENT INDICATING COMPLIANCE, NON-COMPLIANCE, OR THE DEGREE OF COMPLIANCE, AS APPLICABLE. EXAMPLE "PARA 3.2.1. WEIGHT: OUR GENERATOR WEIGHS 28 POUNDS, WHICH IS 2 POUNDS LESS THAN THE SPECIFICATION REQUIRES.'

"C. SPECIAL FEATURES CONTAINED IN THE BIDDER'S PRODUCT, WHICH ARE NOT INCLUDED IN THE GOVERNMENT SPECIFICATION OR PURCHASE DESCRIPTION, WHICH THE BIDDER CONSIDERS WILL ENHANCE ITS USEFULNESS TO THE AIR FORCE. AVOID REPETITION, THE BIDDER MAY REFER BACK TO SPECIFIC PARAGRAPHS, PAGES, OR ILLUSTRATIONS IN THE PRINTED MATERIAL SUBMITTED PER PARAGRAPH A. ABOVE.'

YOU CONTEND THAT THE BID SUBMITTED BY HY-GAIN, THE LOWEST BIDDER, IS NONRESPONSIVE TO PARAGRAPH 8A OF THE INVITATION. YOU STATE THAT, ON THE BASIS OF YOUR EXAMINATION, THE INFORMATION SUBMITTED BY HY-GAIN DID NOT APPEAR TO BE RESPONSIVE IN THAT NO BROCHURES, PAMPHLETS OR INSTRUCTION BOOKS, PHOTOGRAPHS, APPLICABLE CATALOG PAGES, OR OTHER PRINTED MATERIAL DESCRIBING THE ANTENNA PROPOSED WERE INCLUDED, NOR WAS A STATEMENT MADE THAT NO SUCH PRINTED MATERIAL WAS AVAILABLE.

THE "ADDITIONAL INFORMATION" REQUIRED BY PARAGRAPH 8 OF THE INVITATION WAS IN FACT FURNISHED BY HY-GAIN AND UPON THE BASIS THEREOF THE PRODUCT OFFERED WAS EVALUATED AS MEETING THE SPECIFICATIONS. YOU WILL NOTE THAT PARAGRAPH 8A, WHILE AFFORDING BIDDERS THE OPPORTUNITY TO SUBMIT BROCHURES, PAMPHLETS, ETC., SPECIFICALLY PROVIDES THAT "IF NOT AVAILABLE" A STATEMENT TO THAT EFFECT SHOULD BE MADE. IN THAT CONNECTION, HY-GAIN SUBMITTED WITH ITS BID A PROPOSAL, IN COMPLIANCE WITH PARAGRAPH 8, ABOVE, A STATEMENT WHICH READS AS FOLLOWS:

"PAGE 5, SECTION 8, PARAGRAPH 2. OF INVITATION NUMBER F34601-67-B 0285

"IN ACCORDANCE WITH THE REQUIREMENTS OF THIS PARAGRAPH, DESCRIPTIVE LITERATURE OF A COMMERCIAL ITEM THAT FULLY MEETS ALL OF THE REQUIREMENTS OF TECHNICAL EXHIBIT OCNEE 66-8 DATED 15 FEBRUARY 1966 IT NOT AVAILABLE. HOWEVER, A COMMERCIAL MODEL THAT EXCEEDS THESE REQUIREMENTS IS AVAILABLE, BUT DESCRIPTIVE LITERATURE IS NOT AVAILABLE.'

WITH RESPECT TO YOUR CONTENTION THAT HY-GAIN CANNOT MEET THE TESTING REQUIREMENTS OF THE SPECIFICATION, WE NOTE THAT HY-GAIN HAS CERTIFIED ON PAGES 1 AND 15 OF ITS PROPOSAL THAT NO EXCEPTIONS ARE TAKEN TO ANY OF THE PROVISIONS OF TECHNICAL EXHIBIT OCNEE 66-8 AND IT PROPOSES TO PROVIDE THE TYPE OF ANTENNAS SPECIFICALLY CALLED FOR BY THE TECHNICAL EXHIBIT. THIS CERTIFICATION, WE ARE ADVISED, INCLUDES COMPLIANCE WITH ALL OF THE TESTING REQUIREMENTS CALLED FOR IN THE TECHNICAL EXHIBIT. IN THAT RESPECT, HY- GAIN IS CURRENTLY PRODUCING A VERY SIMILAR ANTENNA SYSTEM UNDER AIR FORCE CONTRACT AF34/601/-26956 AND IS MEETING VIRTUALLY THE SAME TESTING REQUIREMENTS THAT ARE CALLED FOR UNDER THE INSTANT INVITATION. IN ANY EVENT, THE MATTER SEEMS TO BE ONE OF CONTRACT ADMINISTRATION AND COMPLIANCE AS TO WHICH THE RESPONSIBILITY RESTS SOLELY WITH THE PROCUREMENT AGENCY.

ACCORDINGLY, YOUR PROTESTS AGAINST AN AWARD TO THE HY-GAIN ELECTRONICS CORPORATION ARE DENIED.