B-161143, MAY 11, 1967

B-161143: May 11, 1967

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INCORPORATED: FURTHER REFERENCE IS MADE TO YOUR PROTEST OF MARCH 23. A COPY OF THAT LETTER WAS FORWARDED TO THIS OFFICE AND CONSTITUTES YOUR PRESENT PROTEST. IT IS YOUR CONTENTION THAT BECAUSE A SINGLE CURTAIN ON A SWITCH TYPE TRACK WITH THREE WAY MOVEMENT WAS DESIGNATED IN THE INVITATION SPECIFICATIONS. THE INVITATION FOR BIDS IS RESTRICTED TO A SINGLE BIDDER WHO HAS A PROPRIETARY ITEM. YOU ALSO ARGUE THAT THE USE OF ONE CURTAIN TO ISOLATE ONE OR THE OTHER OF TWO PATIENTS IS NOT IN THE BEST INTEREST OF THE PATIENTS FOR WHOM THEY ARE INTENDED TO PROVIDE PRIVACY. WE HAVE BEEN ADVISED BY THE VETERANS ADMINISTRATION THAT THE INVITATION HAS BEEN CANCELLED AS BEING RESTRICTIVE OF COMPETITION.

B-161143, MAY 11, 1967

TO CAPITAL CUBICLE COMPANY, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR PROTEST OF MARCH 23, 1967, AGAINST THE SPECIFICATIONS USED IN INVITATION FOR BIDS NO. 67-33, ISSUED BY THE VETERANS ADMINISTRATION CENTER, PRESCOTT, ARIZONA.

THE INVITATION SOLICITED BIDS FOR FURNISHING SINGLE CUBICLE CURTAINS WHICH WOULD PROVIDE PRIVACY TO INDIVIDUAL BEDS THROUGH THE USE OF SWITCH TYPE TRACKS. YOU PROTESTED TO THE VETERANS ADMINISTRATION AGAINST THE ALLEGED RESTIVE NATURE OF THE SPECIFICATIONS. A COPY OF THAT LETTER WAS FORWARDED TO THIS OFFICE AND CONSTITUTES YOUR PRESENT PROTEST.

IT IS YOUR CONTENTION THAT BECAUSE A SINGLE CURTAIN ON A SWITCH TYPE TRACK WITH THREE WAY MOVEMENT WAS DESIGNATED IN THE INVITATION SPECIFICATIONS, THE INVITATION FOR BIDS IS RESTRICTED TO A SINGLE BIDDER WHO HAS A PROPRIETARY ITEM. YOU REQUEST THAT INVITATION FOR BIDS NO. 67- 33 BE REEVALUATED, RESCINDED, AND READVERTISED. YOU ALSO ARGUE THAT THE USE OF ONE CURTAIN TO ISOLATE ONE OR THE OTHER OF TWO PATIENTS IS NOT IN THE BEST INTEREST OF THE PATIENTS FOR WHOM THEY ARE INTENDED TO PROVIDE PRIVACY. IN THE EVENT THAT BOTH PATIENTS NEED PRIVACY, ONLY ONE CAN GET IT. YOU SUGGEST THAT INSTEAD OF THE SINGLE CURTAIN SWITCH SYSTEM, THE GOVERNMENT SHOULD USE THE MORE CONVENTIONAL TRACK AND CURTAIN WHICH WOULD GIVE PRIVACY TO TWO PATIENTS AT THE SAME TIME.

WE HAVE BEEN ADVISED BY THE VETERANS ADMINISTRATION THAT THE INVITATION HAS BEEN CANCELLED AS BEING RESTRICTIVE OF COMPETITION, AND IT HAS BEEN DETERMINED THAT THE SUBJECT PROCUREMENT WILL BE NEGOTIATED WITH ALL INTERESTED BIDDERS, INCLUDING YOUR FIRM, PURSUANT TO 41 U.S.C. 252 (C) (3) AND FEDERAL PROCUREMENT REGULATION 1-3.203, FOR BOTH CONVENTIONAL SINGLE TRACK CURTAINS AND CURTAINS USING THE SWITCH TYPE TRACK. WE ARE FURTHER ADVISED THAT YOU WILL BE GIVEN AN OPPORTUNITY TO QUOTE ON THE ITEM THAT YOU CAN SUPPLY CONSISTENT WITH THE NEEDS OF THE PROCURING AGENCY.