B-169045, MAR. 30, 1970

B-169045: Mar 30, 1970

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AS NO ACTION IS CONTEMPLATED SINCE DELAYS EXPERIENCED BY PROCUREMENT ACTIVITY ARE BASICALLY ATTRIBUTABLE TO FACT APPLICABLE SPECIFICATIONS WERE REVISED ON 2 SEPARATE OCCASIONS AFTER RECEIPT OF OFFERS THEREBY NECESSITATING FURTHER NEGOTIATIONS WITH ALL OFFERORS. EACH OFFEROR WAS AFFORDED EQUAL OPPORTUNITY TO REVISE ITS PROPOSAL ON EACH OCCASION WHEN SPECIFICATIONS WERE CHANGED. B. KNIGHT MACHINERY CO.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 12. YOU STATE THAT AN OFFER WAS SUBMITTED UNDER THE RFP THROUGH YOUR DISTRIBUTOR. IT IS YOUR CONTENTION THAT SINCE THE RFP COVERS A CATALOG TYPE MACHINE TOOL MADE BY THREE AMERICAN MACHINE TOOL BUILDERS. YOU STATE THAT PERMISSION WAS GRANTED TO R.

B-169045, MAR. 30, 1970

CONTRACTS--NEGOTIATION--REQUEST FOR PROPOSALS--SPECIFICATION ADEQUACY WITH RESPECT TO PROTEST AGAINST NEED OF A 4-MONTH PERIOD PRIOR TO AIR FORCE'S MAKING AWARD UNDER RFP FOR JIG BORING MACHINE AND SUPPORTING DATA, AS NO ACTION IS CONTEMPLATED SINCE DELAYS EXPERIENCED BY PROCUREMENT ACTIVITY ARE BASICALLY ATTRIBUTABLE TO FACT APPLICABLE SPECIFICATIONS WERE REVISED ON 2 SEPARATE OCCASIONS AFTER RECEIPT OF OFFERS THEREBY NECESSITATING FURTHER NEGOTIATIONS WITH ALL OFFERORS, AND EACH OFFEROR WAS AFFORDED EQUAL OPPORTUNITY TO REVISE ITS PROPOSAL ON EACH OCCASION WHEN SPECIFICATIONS WERE CHANGED. FURTHER, AF ADVISES THAT AWARD MAY NOW BE PROCESSED UNDER SUBJECT RFP.

TO W. B. KNIGHT MACHINERY CO.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 12, 1970, PROTESTING THE DELAY OF WARNER ROBINS AIR FORCE BASE IN MAKING ANY AWARD UNDER REQUEST FOR PROPOSALS (RFP) NO. F09603-70-R-3758. YOU STATE THAT AN OFFER WAS SUBMITTED UNDER THE RFP THROUGH YOUR DISTRIBUTOR, THE R. O. DEADERICK COMPANY. IT IS YOUR CONTENTION THAT SINCE THE RFP COVERS A CATALOG TYPE MACHINE TOOL MADE BY THREE AMERICAN MACHINE TOOL BUILDERS, YOU CAN SEE NO REASON FOR THE NEED OF A 4-MONTH PERIOD PRIOR TO MAKING AN AWARD. YOU STATE THAT PERMISSION WAS GRANTED TO R. O. DEADERICK TO EXTEND ACCEPTANCE TIME FROM 90 DAYS TO 120 DAYS BUT THAT THIS EXTENSION WILL COST YOUR COMPANY MONEY IF DEADERICK IS DETERMINED TO BE THE LOWEST RESPONSIVE OFFEROR.

THE RECORD BEFORE US INDICATES THAT RFP NO. F09603-70-R-3758 WAS ISSUED ON OCTOBER 17, 1969, BY WARNER ROBINS AIR MATERIEL AREA, DIRECTORATE OF PROCUREMENT AND PRODUCTION, ROBINS AIR FORCE BASE, GEORGIA, AND REQUESTED OFFERS FOR ONE JIG BORING MACHINE (FSN 3411-222 0606) AND SUPPORTING DATA. THE CLOSING DATE FOR RECEIPT OF OFFERS AS STATED IN THE RFP WAS NOVEMBER 17, 1969.

WE HAVE BEEN ADVISED THAT THE DELAYS EXPERIENCED BY THE PROCUREMENT ACTIVITY TO DATE ARE BASICALLY ATTRIBUTABLE TO THE FACT THAT THE APPLICABLE SPECIFICATIONS WERE REVISED ON TWO SEPARATE OCCASIONS AFTER RECEIPT OF OFFERS THEREBY NECESSITATING FURTHER NEGOTIATIONS WITH ALL OFFERORS. WE ARE ADVISED THAT EACH OFFEROR WAS AFFORDED AN EQUAL OPPORTUNITY TO REVISE ITS PROPOSAL ON EACH OCCASION WHEN THE SPECIFICATIONS WERE CHANGED.

WE HAVE BEEN ADVISED BY THE AIR FORCE THAT AN AWARD NOW MAY BE PROCESSED UNDER THE RFP. IN VIEW OF THIS INFORMATION, NO FURTHER ACTION IS CONTEMPLATED BY OUR OFFICE.