B-170035(2), JUL. 23, 1970

B-170035(2): Jul 23, 1970

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ALTHOUGH THE PROTEST AGAINST THE INADEQUACY OF THE HARDWARE BAN IS DENIED IN OUR DECISION OF TODAY. INCLUDED THE PHRASE AT WHICH TIME IT IS ANTICIPATED THAT ALL HARDWARE PROCUREMENTS WILL BE COMPLETED.". WHILE THAT EXPECTATION WAS A REASONABLE ONE AT THE TIME OF THE CONTRACTING OFFICER'S DETERMINATION. IT WOULD THEREFORE APPEAR THAT THE HARDWARE BAN IS ADEQUATE IF PRESENT PLANS ARE CARRIED OUT. WE THEREFORE RECOMMEND THAT APPROPRIATE ACTION BE TAKEN PRIOR TO AWARD TO ASSURE THAT THE HARDWARE BAN WILL ACCOMPLISH ITS PURPOSE IN CARRYING OUT THE INTENT OF DOD DIRECTIVE 5500.10. OR BY PROVIDING IN THE CONTRACT FOR EXTENSION OF THE BAN IN THE EVENT THE DESIGN CONTRACT IS NOT COMPLETED ON SCHEDULE.

B-170035(2), JUL. 23, 1970

TO MR. SECRETARY:

WE REFER TO A LETTER OF JULY 10, 1970, FROM MR. JOHN G. CONNELL, JR., ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE ARMY, WHICH FORWARDED AN ADMINISTRATIVE REPORT CONCERNING THE PROTEST OF INFORMATICS, INC., UNDER RFQ NO. DAHC 15-70-Q-0075, ISSUED BY THE DEFENSE SUPPLY SERVICE WASHINGTON.

ALTHOUGH THE PROTEST AGAINST THE INADEQUACY OF THE HARDWARE BAN IS DENIED IN OUR DECISION OF TODAY, COPY ENCLOSED, WE NOTE THE CONTRACTING OFFICER'S DETERMINATION OF APRIL 28, 1970, THAT THE EXCLUSION FROM PROCUREMENT OF THE SUCCESSFUL DESIGN CONTRACTOR SHOULD EXTEND TO APRIL 30, 1971, INCLUDED THE PHRASE AT WHICH TIME IT IS ANTICIPATED THAT ALL HARDWARE PROCUREMENTS WILL BE COMPLETED."

WHILE THAT EXPECTATION WAS A REASONABLE ONE AT THE TIME OF THE CONTRACTING OFFICER'S DETERMINATION, AND IT WOULD THEREFORE APPEAR THAT THE HARDWARE BAN IS ADEQUATE IF PRESENT PLANS ARE CARRIED OUT, THE POSSIBILITY REMAINS THAT CHANGES IN SUCH PLANS OR PROGRAMS (E.G., THE ABANDONMENT OF WWMCCS OR DELAYS IN THE COMPLETION OF EITHER THAT PROGRAM OR THE INSTANT DESIGN CONTRACT) MAY RENDER THE BAN, AS PRESENTLY CONSTITUTED, INADEQUATE FOR ITS PURPOSE.

WE THEREFORE RECOMMEND THAT APPROPRIATE ACTION BE TAKEN PRIOR TO AWARD TO ASSURE THAT THE HARDWARE BAN WILL ACCOMPLISH ITS PURPOSE IN CARRYING OUT THE INTENT OF DOD DIRECTIVE 5500.10. IT WOULD APPEAR THAT THIS MIGHT BE ACCOMPLISHED EITHER BY CHANGING THE TERMINATION OF THE BAN FROM APRIL 30, 1971, TO THE DATE OF AWARD OF THE FIRST EQUIPMENT CONTRACT UNDER TARMOCS II, AS PROVIDED IN ASPR 1-113.2(B)(2), OR BY PROVIDING IN THE CONTRACT FOR EXTENSION OF THE BAN IN THE EVENT THE DESIGN CONTRACT IS NOT COMPLETED ON SCHEDULE.

THE ADMINISTRATIVE REPORT WHICH ACCOMPANIED THE LETTER OF JULY 10, 1970, IS RETURNED.