B-168740, MAR. 2, 1970

B-168740: Mar 2, 1970

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SALIENT CHARACTERISTICS CONTRACT AWARDED UNDER SOLICITATION WHICH ARMY ADMITS WAS DEFECTIVE- -FOR FAILURE TO SPECIFY AS SALIENT FEATURES. WHICH FAILURE RESULTED IN DETERMINATION THAT PROTESTING BIDDER'S PRODUCT WAS NOT EQUAL TO SPECIFIED BRAND-NAME PRODUCT. -WILL NOT BE DISTURBED BY GAO. IN VIEW OF FACT THAT DEPARTMENT OF ARMY IS TAKING APPROPRIATE ACTION TO INSURE THAT SIMILAR MISTAKE WILL BE AVOIDED IN FUTURE. SINCE FURTHER GAO ACTION IS PRECLUDED BY COMPLETION OF CONTRACT. FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED JANUARY 2. AS YOU WERE INFORMALLY ADVISED BY OUR OFFICE ON FEBRUARY 13. THE DEPARTMENT OF THE ARMY ADMITS THAT THE SUBJECT SOLICITATION WAS DEFECTIVE FOR FAILURE TO SPECIFY.

B-168740, MAR. 2, 1970

CONTRACTS--SPECIFICATIONS--RESTRICTIVE--PARTICULAR MAKE--SALIENT CHARACTERISTICS CONTRACT AWARDED UNDER SOLICITATION WHICH ARMY ADMITS WAS DEFECTIVE- -FOR FAILURE TO SPECIFY AS SALIENT FEATURES, CERTAIN DESIRED PROPERTIES OF PROCURED PRODUCT IN AREA OF RESISTANCE TO CHEMICALS, WHICH FAILURE RESULTED IN DETERMINATION THAT PROTESTING BIDDER'S PRODUCT WAS NOT EQUAL TO SPECIFIED BRAND-NAME PRODUCT---WILL NOT BE DISTURBED BY GAO, IN VIEW OF FACT THAT DEPARTMENT OF ARMY IS TAKING APPROPRIATE ACTION TO INSURE THAT SIMILAR MISTAKE WILL BE AVOIDED IN FUTURE, AND SINCE FURTHER GAO ACTION IS PRECLUDED BY COMPLETION OF CONTRACT.

TO NII LABORATORY FURNITURE, INC.

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED JANUARY 2, 1970, AND LETTER OF THE SAME DATE WITH ENCLOSURES, PROTESTING AGAINST THE AWARD OF A CONTRACT TO A BIDDER OTHER THAN YOURSELF UNDER REQUEST FOR PROPOSALS NO. DAAK02-70-R-0324, ISSUED BY THE UNITED STATES ARMY MOBILITY EQUIPMENT RESEARCH AND DEVELOPMENT CENTER, FORT BELVOIR, VIRGINIA.

AS YOU WERE INFORMALLY ADVISED BY OUR OFFICE ON FEBRUARY 13, 1970, THE DEPARTMENT OF THE ARMY ADMITS THAT THE SUBJECT SOLICITATION WAS DEFECTIVE FOR FAILURE TO SPECIFY, AS SALIENT FEATURES, CERTAIN DESIRED PROPERTIES, IN THE AREA OF RESISTANCE TO CHEMICALS, WHICH FORMED THE BASIS FOR THE DETERMINATION THAT YOUR PRODUCT WAS NOT EQUAL TO THE SPECIFIED BRAND NAME PRODUCT. HOWEVER, APPROPRIATE ACTION IS BEING TAKEN BY THE DEPARTMENT OF THE ARMY TO INSURE THAT A SIMILAR MISTAKE WILL BE AVOIDED IN THE FUTURE.

IN VIEW OF THIS AND SINCE FURTHER ACTION ON OUR PART IS PRECLUDED BY THE COMPLETION OF THE CONTRACT, OUR OFFICE WILL TAKE NO FURTHER ACTION IN THIS MATTER.