B-164098, MAY 21, 1968

B-164098: May 21, 1968

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TO SYSTRON-DONNER CORPORATION: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE PROPOSED PROCUREMENT OF A GENERAL PURPOSE ANALOG SIMULATOR FOR THE UNITED STATES WEATHER BUREAU UNDER INVITATION FOR BIDS NO. 8-35210. BIDS WERE RECEIVED AND OPENED ON APRIL 24. WAS LOW BIDDER AT A PRICE OF $14. IT IS YOUR CONTENTION THAT. IT IS YOUR POSITION THAT AWARD OF A CONTRACT UNDER THE INVITATION WOULD BE CONTRARY TO PROCUREMENT REGULATIONS. EAI WAS LISTED ON THE FEDERAL SUPPLY SERVICE SCHEDULE AS A SUPPLIER OF THE SUBJECT ITEM AT A PRICE SUBSTANTIALLY THE SAME AS ITS BID PRICE. THAT NO AWARD WILL BE MADE UNDER THE INVITATION BUT THAT AN ORDER FOR THE EQUIPMENT WILL BE PLACED WITH EAI UNDER ITS FSS CONTRACT.

B-164098, MAY 21, 1968

TO SYSTRON-DONNER CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE PROPOSED PROCUREMENT OF A GENERAL PURPOSE ANALOG SIMULATOR FOR THE UNITED STATES WEATHER BUREAU UNDER INVITATION FOR BIDS NO. 8-35210, ISSUED ON MARCH 22, 1968, BY THE DEPARTMENT OF COMMERCE. BIDS WERE RECEIVED AND OPENED ON APRIL 24, 1968, AND ELECTRONIC ASSOCIATES, INCORPORATED (EAI), WAS LOW BIDDER AT A PRICE OF $14,914.50. YOU SUBMITTED A BID IN THE AMOUNT OF $16,745.

BASICALLY, IT IS YOUR CONTENTION THAT, IN THE ABSENCE OF A WAIVER FROM THE GENERAL SERVICES ADMINISTRATION (GSA), THIS ITEM MUST BE PURCHASED UNDER THE FEDERAL SUPPLY SCHEDULE (FSS), WHICH LISTS YOUR UNIT BUT NOT EAI -S. IT IS YOUR POSITION THAT AWARD OF A CONTRACT UNDER THE INVITATION WOULD BE CONTRARY TO PROCUREMENT REGULATIONS, OUR DECISION OF NOVEMBER 21, 1967, B-151204 AND B-157587, 47 COMP. GEN. -- --, AND A LETTER DATED DECEMBER 16, 1967, FROM H. A. ABERSFELLER, COMMISSIONER, FEDERAL SUPPLY SERVICE, GSA.

THE DEPARTMENT OF COMMERCE, IN A REPORT DATED MAY 8, 1968, HAS ADVISED THAT EFFECTIVE MAY 1, 1968, EAI WAS LISTED ON THE FEDERAL SUPPLY SERVICE SCHEDULE AS A SUPPLIER OF THE SUBJECT ITEM AT A PRICE SUBSTANTIALLY THE SAME AS ITS BID PRICE, THAT NO AWARD WILL BE MADE UNDER THE INVITATION BUT THAT AN ORDER FOR THE EQUIPMENT WILL BE PLACED WITH EAI UNDER ITS FSS CONTRACT.

IN VIEW THEREOF, WE ARE CLOSING OUR FILE ON THE MATTER WITHOUT FURTHER ACTION.

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