B-165292, NOV. 6, 1968

B-165292: Nov 6, 1968

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ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO DE LAVAL WHICH IS SELF-EXPLANATORY. YOUR ATTENTION IS INVITED TO THAT PORTION OF OUR DECISION DEALING WITH THE PROPER INTERPRETATION OF PARAGRAPH 9.2 OF THE TECHNICAL PROVISIONS ENTITLED "EXPERIENCE.'. THE LANGUAGE CONTAINED THEREIN DOES NOT DEFINE THE CRITERIA WHICH ARE TO BE USED IN EVALUATING THE EXPERIENCE OF AN ENGINE WITH ALL THE PRECISION AND OBJECTIVE DEFINITENESS POSSIBLE. SERIOUS QUESTIONS AND CONTROVERSY CONCERNING THE PROPER INTERPRETATION OF PARAGRAPH 9.2 HAVE BEEN GENERATED AMONG VARIOUS BIDDERS ON THIS IMPORTANT PROCUREMENT WHICH WE BELIEVE COULD HAVE BEEN EASILY ELIMINATED HAD THE CORPS STATED OBJECTIVE CRITERIA THEREIN. WE RECOMMEND THAT APPROPRIATE ACTION BE INITIATED WITHIN THE CORPS OF ENGINEERS TO DRAFT OBJECTIVE EVALUATION CRITERIA FOR INCLUSION IN EXPERIENCE CLAUSES OF THE TYPE INVOLVED HERE BEFORE SUCH CLAUSES ARE EMPLOYED IN FUTURE PROCUREMENTS OF SIMILAR EQUIPMENT.

B-165292, NOV. 6, 1968

TO MR. SECRETARY:

WE REFER TO A LETTER DATED OCTOBER 11, 1968, FROM THE GENERAL COUNSEL, CORPS OF ENGINEERS, TRANSMITTING A REPORT AND RELATED DOCUMENTS ON A PROTEST FILED WITH OUR OFFICE BY DE LAVAL TURBINE, INC., UNDER SOLICITION NO. DACA 87-68-B-0001. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO DE LAVAL WHICH IS SELF-EXPLANATORY.

YOUR ATTENTION IS INVITED TO THAT PORTION OF OUR DECISION DEALING WITH THE PROPER INTERPRETATION OF PARAGRAPH 9.2 OF THE TECHNICAL PROVISIONS ENTITLED "EXPERIENCE.' IN OUR OPINION, THE LANGUAGE CONTAINED THEREIN DOES NOT DEFINE THE CRITERIA WHICH ARE TO BE USED IN EVALUATING THE EXPERIENCE OF AN ENGINE WITH ALL THE PRECISION AND OBJECTIVE DEFINITENESS POSSIBLE. BECAUSE OF THIS FAILURE, SERIOUS QUESTIONS AND CONTROVERSY CONCERNING THE PROPER INTERPRETATION OF PARAGRAPH 9.2 HAVE BEEN GENERATED AMONG VARIOUS BIDDERS ON THIS IMPORTANT PROCUREMENT WHICH WE BELIEVE COULD HAVE BEEN EASILY ELIMINATED HAD THE CORPS STATED OBJECTIVE CRITERIA THEREIN. ACCORDINGLY, WE RECOMMEND THAT APPROPRIATE ACTION BE INITIATED WITHIN THE CORPS OF ENGINEERS TO DRAFT OBJECTIVE EVALUATION CRITERIA FOR INCLUSION IN EXPERIENCE CLAUSES OF THE TYPE INVOLVED HERE BEFORE SUCH CLAUSES ARE EMPLOYED IN FUTURE PROCUREMENTS OF SIMILAR EQUIPMENT.