B-166989-/2), AUG. 8, 1969

B-166989-/2): Aug 8, 1969

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OFFERORS WILL BE ADVISED THAT DELIVERY WILL BE A PRIME FACTOR IN EVALUATION AND THAT THE ALTERNATE DELIVERY SCHEDULE SELECTED BY THE PROCURING AGENCY WILL BE A POINT OF NEGOTIATION WITH COMPETING OFFERORS. SECRETARY: REFERENCE IS MADE TO THE LETTER OF JULY 8. INDICATES THAT ALL MICOM PERSONNEL HAVE BEEN INSTRUCTED AS TO THE PROCEDURE TO BE FOLLOWED IN NEGOTIATING AND SELECTING AN EARLIER DELIVERY SCHEDULE UNDER SUBPARAGRAPH 2 (A) OF THE "DELIVERY" PROVISIONS IN THE STANDARD RFP OF THAT ACTIVITY. SUBPARAGRAPH 2 (A) OF THE "DELIVERY" PROVISIONS ADVISES OFFERORS THAT AN ALTERNATE DELIVERY DATE SELECTED BY THE GOVERNMENT FROM THOSE SUBMITTED BY PROPOSERS WILL BECOME THE ALTERNATE DELIVERY SCHEDULE.

B-166989-/2), AUG. 8, 1969

BID PROTEST - NEGOTIATED - DELIVERY SCHEDULE DECISION TO SECRETARY OF ARMY APPROVING SUGGESTION THAT IN FUTURE NEGOTIATED PROCUREMENTS WITH ALTERNATE DELIVERY SCHEDULES, OFFERORS WILL BE ADVISED THAT DELIVERY WILL BE A PRIME FACTOR IN EVALUATION AND THAT THE ALTERNATE DELIVERY SCHEDULE SELECTED BY THE PROCURING AGENCY WILL BE A POINT OF NEGOTIATION WITH COMPETING OFFERORS.

TO MR. SECRETARY:

REFERENCE IS MADE TO THE LETTER OF JULY 8, 1969, FROM THE ACTING DEPUTY DIRECTOR OF PROCUREMENT AND PRODUCTION, HEADQUARTERS, UNITED STATES ARMY MATERIEL COMMAND, FURNISHING OUR OFFICE WITH A REPORT IN CONNECTION WITH THE PROTEST BY ARTISAN ELECTRONICS CORPORATION, AGAINST THE AWARD OF A CONTRACT UNDER A REQUEST FOR PROPOSALS FOR ELECTRIC TEST PANELS FOR THE NIKE HERCULES WEAPONS SYSTEMS, ISSUED BY REDSTONE ARSENAL, ALABAMA.

THE "LEGAL ANALYSIS AND OPINION ON PROTEST OF ARTISAN ELECTRONICS CORPORATION" FROM THE ATTORNEY-ADVISOR, AIR DEFENSE SYSTEMS, ENCLOSED WITH THE REPORT, INDICATES THAT ALL MICOM PERSONNEL HAVE BEEN INSTRUCTED AS TO THE PROCEDURE TO BE FOLLOWED IN NEGOTIATING AND SELECTING AN EARLIER DELIVERY SCHEDULE UNDER SUBPARAGRAPH 2 (A) OF THE "DELIVERY" PROVISIONS IN THE STANDARD RFP OF THAT ACTIVITY. SUBPARAGRAPH 2 (A) OF THE "DELIVERY" PROVISIONS ADVISES OFFERORS THAT AN ALTERNATE DELIVERY DATE SELECTED BY THE GOVERNMENT FROM THOSE SUBMITTED BY PROPOSERS WILL BECOME THE ALTERNATE DELIVERY SCHEDULE, AND SHALL BECOME A POINT OF NEGOTIATION BETWEEN THE GOVERNMENT AND ALL PROPOSERS WITHIN THE COMPETITIVE RANGE, PRICE AND OTHER FACTORS CONSIDERED. ANOTHER PORTION OF THE RFP ADVISES OFFERORS THAT PROPOSED DELIVERY WILL BE A PRIME FACTOR IN EVALUATION OF PROPOSALS. PRESUMABLY THE PERSONNEL HAVE BEEN INSTRUCTED THAT IN THE FUTURE ALL OFFERORS SHOULD BE ADVISED OF THE ALTERNATE DELIVERY SCHEDULE SELECTED BY THE PROCURING ACTIVITY AND SHOULD BE PERMITTED TO NEGOTIATE ON SUCH SCHEDULE.

IN VIEW OF THE SPECIFIC PROVISIONS IN THE RFP ADVISING OFFERORS THAT DELIVERY WILL BE A PRIME FACTOR IN EVALUATION OF PROPOSALS AND THAT THE ALTERNATE DELIVERY SCHEDULE SELECTED BY THE PROCURING ACTIVITY WILL BE A POINT OF NEGOTIATION WITH OTHER OFFERORS, WE HAVE NO FURTHER COMMENT WITH RESPECT TO THE PROCEDURE FOR NEGOTIATION OF ALTERNATE DELIVERY SCHEDULES.