B-168669(2), MAR. 30, 1970

B-168669(2): Mar 30, 1970

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PROPRIETY WHILE IT IS TIME NO SPECIFIC STATUTORY OR REGULATORY GUIDANCE WAS CLEARLY APPLICABLE IN PROTEST AGAINST CONTRACT AWARD BY U.S.I.A. IT WAS PROPER FOR AGENCY TO INSTRUCT ITS PURCHASING ACTIVITIES TO FOLLOW FPR 1 2.407-6 TO RESOLVE SIMILAR FUTURE TIE QUOTATIONS. SOLICITATION OF QUOTATIONS ONLY ON ONE MANUFACTURER'S PRODUCT IS OBVIOUSLY IMPROPER. SHAKESPEARE: REFERENCE IS MADE TO A LETTER DATED JANUARY 15. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO VIDEO ENGINEERING. WHILE WE COULD NOT DISAGREE WITH THE CONCLUSION EXPRESSED IN THE ADMINISTRATIVE REPORT THAT NO SPECIFIC STATUTORY OR REGULATORY GUIDANCE WAS CLEARLY APPLICABLE IN THIS INSTANCE. WE BELIEVE THAT IT WAS CLEARLY PROPER FOR YOUR CONTRACTING AND PROCUREMENT DIVISION TO INSTRUCT ITS PURCHASING ACTIVITIES TO FOLLOW FPR 1-2.407-6 TO RESOLVE SIMILAR FUTURE TIE QUOTATION SITUATIONS.

B-168669(2), MAR. 30, 1970

CONTRACTS--NEGOTIATION--SOLE-SOURCE BASIS--PROPRIETY WHILE IT IS TIME NO SPECIFIC STATUTORY OR REGULATORY GUIDANCE WAS CLEARLY APPLICABLE IN PROTEST AGAINST CONTRACT AWARD BY U.S.I.A; IT WAS PROPER FOR AGENCY TO INSTRUCT ITS PURCHASING ACTIVITIES TO FOLLOW FPR 1 2.407-6 TO RESOLVE SIMILAR FUTURE TIE QUOTATIONS. CONCERNING RESTRICTION OF PROCUREMENT TO SPECIFIC EQUIPMENT, FPR PROVIDES THAT ABSENT VALID DETERMINATION ON SUBSTANTIAL GROUNDS THAT NO OTHER MAKE OF EQUIPMENT WOULD BE SUITABLE FOR INTENDED USE, SOLICITATION OF QUOTATIONS ONLY ON ONE MANUFACTURER'S PRODUCT IS OBVIOUSLY IMPROPER.

TO MR. SHAKESPEARE:

REFERENCE IS MADE TO A LETTER DATED JANUARY 15, 1970, FROM MR. CHARLES D. ABLARD, GENERAL COUNSEL, FURNISHING A REPORT IN CONNECTION WITH A PROTEST BY VIDEO ENGINEERING CO; INC; AGAINST AWARD OF A CONTRACT UNDER REQUEST FOR QUOTATIONS NO. 6-J.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO VIDEO ENGINEERING. WHILE WE COULD NOT DISAGREE WITH THE CONCLUSION EXPRESSED IN THE ADMINISTRATIVE REPORT THAT NO SPECIFIC STATUTORY OR REGULATORY GUIDANCE WAS CLEARLY APPLICABLE IN THIS INSTANCE, WE BELIEVE THAT IT WAS CLEARLY PROPER FOR YOUR CONTRACTING AND PROCUREMENT DIVISION TO INSTRUCT ITS PURCHASING ACTIVITIES TO FOLLOW FPR 1-2.407-6 TO RESOLVE SIMILAR FUTURE TIE QUOTATION SITUATIONS, AS WE HAVE BEEN INFORMED HAS BEEN DONE.

WE NOTE THAT YOUR REPORT CONTAINS NO EXPLANATION OF THE JUSTIFICATION FOR RESTRICTION OF THIS SUBJECT PROCUREMENT TO AMPEX EQUIPMENT. IN THIS CONNECTION YOUR ATTENTION IS DIRECTED TO THE SPECIFIC REQUIREMENTS OF FPR 1-1.307-8 (C) AND 1-3.603-1 (B). IN THE ABSENCE OF A VALID DETERMINATION, ON SUBSTANTIAL GROUNDS, THAT NO OTHER MAKE OF EQUIPMENT WOULD BE SUITABLE FOR ITS INTENDED USE, SOLICITATION OF QUOTATIONS ONLY ON ONE MANUFACTURER'S PRODUCT IS OBVIOUSLY IMPROPER.