B-170077(2), SEP. 23, 1970

B-170077(2): Sep 23, 1970

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AFTER NUMEROUS INQUIRIES FROM PROSPECTIVE BIDDERS RELATIVE TO CLARIFICATION OF SPECIFICATIONS AMBIGUITIES WHICH WERE INADEQUATE TO DESCRIBE THE GOVERNMENTS TECHNICAL REQUIREMENTS FOR DIGITAL LOGIC TRAINING EQUIPMENT. TO DIGIAC CORPORATION: REFERENCE IS MADE TO YOUR LETTER DATED JULY 2. THE PROCUREMENT HISTORY OF THE SYSTEM INSOFAR AS THESE SOLICITATIONS ARE CONCERNED IS SUMMARIZED BELOW: " *** BIDS TO COVER THE SUBJECT REQUIREMENT WERE ORIGINALLY SOLICITED BY INVITATION FOR BID NUMBER N00128-70-B-0137. *** IT WAS NECESSARILY DETERMINED. THAT THE EXISTING SPECIFICATIONS WERE INADEQUATE TO DESCRIBE THE GOVERNMENT'S TECHNICAL REQUIREMENTS AND PERMIT BIDDING ON SUCH REQUIREMENTS BY PROSPECTIVE SUPPLIERS ON A COMMON BASIS.

B-170077(2), SEP. 23, 1970

BID PROTEST - SPECIFICATIONS - "ALL OR NONE" DENIAL OF PROTEST OF DIGIAC CORPORATION AGAINST CANCELLATION OF TWO PRIOR ADVERTISED SOLICITATIONS FOR DIGITAL LOGIC TRAINING SYSTEM CONSISTING OF THREE BASIC COMPONENTS, BECAUSE OF NECESSARY SPECIFICATION CHANGES, FROM AN INDIVIDUAL BASIS TO ALL OR NONE AWARD BY THE NAVAL ADMINISTRATIVE COMMAND, SUPPLY DEPARTMENT, GREAT LAKES, ILL. WHERE PROCURING AGENCY, AFTER NUMEROUS INQUIRIES FROM PROSPECTIVE BIDDERS RELATIVE TO CLARIFICATION OF SPECIFICATIONS AMBIGUITIES WHICH WERE INADEQUATE TO DESCRIBE THE GOVERNMENTS TECHNICAL REQUIREMENTS FOR DIGITAL LOGIC TRAINING EQUIPMENT, CANCELLED SOLICITATION AND RESOLICITED ON AN ALL OR NONE BASIS, WHICH EXPOSED PREVIOUS BID PRICES, SUCH RESOLICITATION MUST BE REGARDED AS PROPER ON THE BASIS OF THE BONA FIDE REQUIREMENTS OF THE AGENCY.

TO DIGIAC CORPORATION:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 2, 1970, AND CONFIRMING LETTER, WITH ENCLOSURES, OF JULY 8, 1970, REQUESTING CANCELLATION OF FORMALLY ADVERTISED SOLICITATION NO. N00128-70-B-0258, ISSUED SUBSEQUENT TO THE CANCELLATIONS OF FORMALLY ADVERTISED SOLICITATIONS NOS. N00128-70-B -0137 AND N00128-70-B-0178, BY THE NAVAL ADMINISTRATIVE COMMAND, SUPPLY DEPARTMENT, GREAT LAKES, ILLINOIS.

ALL OF THE CITED SOLICITATIONS INVOLVE THE PROCUREMENT OF A DIGITAL LOGIC TRAINING SYSTEM CONSISTING OF THREE BASIC COMPONENTS: DIGITAL LOGIC TRAINER, READOUT DEVICE, AND DUAL TRACE 60 MHZ OSCILLOSCOPE AND RELATED DATA ITEMS. THE PROCUREMENT HISTORY OF THE SYSTEM INSOFAR AS THESE SOLICITATIONS ARE CONCERNED IS SUMMARIZED BELOW:

" *** BIDS TO COVER THE SUBJECT REQUIREMENT WERE ORIGINALLY SOLICITED BY INVITATION FOR BID NUMBER N00128-70-B-0137, *** IT WAS NECESSARILY DETERMINED, AFTER RECEIPT OF MORE THAN SEVEN HUNDRED INQUIRIES FROM PROSPECTIVE BIDDERS RELATIVE TO CLARIFICATION OF APPARENT SPECIFICATION AMBIGUITIES, THAT THE EXISTING SPECIFICATIONS WERE INADEQUATE TO DESCRIBE THE GOVERNMENT'S TECHNICAL REQUIREMENTS AND PERMIT BIDDING ON SUCH REQUIREMENTS BY PROSPECTIVE SUPPLIERS ON A COMMON BASIS. TECHNICAL CLARIFICATION, DESPITE INTENSIVE EFFORT BY COMPETENT TECHNICAL PERSONNEL, COULD NOT BE ACCOMPLISHED IN A FASHION PERMITTING MODIFICATION OF THE THEN EXISTING IFB IN A TIMELY MANNER DUE TO THE EXTENSIVE NATURE OF SUCH CLARIFICATIONS AND REQUIRED ADDITIONAL AMPLIFICATION. THEREFORE, THE SOLICITATION WAS CANCELED ON 22 JANUARY 1970 PRIOR TO BID OPENING IN ORDER TO PERMIT FURTHER TECHNICAL EVALUATION AND RESULTANT SPECIFICATION CHANGE. *** ."

"IFB NUMBER N00128-70-B-0178, COVERING THE TRAINING SYSTEM REQUIREMENT *** WAS ISSUED ON 6 FEBRUARY 1970. SUCH SOLICITATION SET OUT THE THREE FUNDAMENTAL COMPONENTS OF THE SYSTEM AS SEPARATE LINE ITEMS AND ALLOWED SEPARATE BIDS TO BE SUBMITTED EITHER FOR EACH INDIVIDUAL COMPONENT LINE ITEM OR A SINGLE BID FOR ALL LINE ITEMS ON A LOT BASIS. THIS SOLICITATION WAS CANCELED, AFTER OPENING, ON 4 MAY 1970, DUE TO (I) ADDITIONAL REQUIRED AND SUBSTANTIAL SPECIFICATION CHANGES, (II) SUBSTANTIAL QUANTITY CHANGES, AND (III) REQUIRED DELIVERY SCHEDULE CHANGES.

"THE MEMORANDUM FROM DIRECTOR, ELECTRONICS TECHNICIAN SCHOOLS, SERVICE SCHOOL COMMAND, GREAT LAKES, ILLINOIS, OF 1 MAY 1970, ***DIRECTS SUCH CANCELLATION AND SETS FORTH THE REASONS THEREFOR. AS DISCUSSED FULLY BELOW, THE GOVERNMENT REALIZED THAT DELIVERY OF A COMPLETE 'TRAINING SYSTEM' BY A SINGLE SUPPLIER, AND NOT DELIVERY OF INDIVIDUAL COMPONENTS OF THAT SYSTEM BY SEVERAL SEPARATE SUPPLIERS, WAS ABSOLUTELY NECESSARY TO ACCOMPLISH THE INTENDED TRAINING PURPOSE THEREBY NECESSITATING CANCELLATION OF THE SOLICITATION. *** .

"2. *** (SOLICITATION -0258) WAS ISSUED BY THE NAVAL ADMINISTRATIVE COMMAND, SUPPLY DEPARTMENT, ON 3 JUNE 1970 WITH AN OPENING DATE OF 23 JUNE 1970. THE SUBJECT SOLICITATION COVERED ONE ITEM, A PRIMARY QUANTITY OF 76 UNITS AND TWO ALTERNATE QUANTITIES FOR A DIGITAL LOGIC TRAINING SYSTEM CONSISTING OF THREE FUNDAMENTAL COMPONENTS (A POSITIVE DIGITAL LOGIC TRAINER, A READOUT DEVICE AND A DUAL TRACE 60 MHZ OSCILLOSCOPE) TO BE MANUFACTURED IN ACCORDANCE WITH DETAILED SPECIFICATIONS SET FORTH IN THE SOLICITATION. THE SOLICITATION ALSO INCLUDED IN THE MAIN ITEM VARYING QUANTITIES OF FIVE SUBITEMS OF "SOFTWARE", RELATING DIRECTLY TO THE MAINTENANCE AND OPERATION OF ITEM 1, WITH THE COST OF EACH SUBITEM TO BE INCLUDED IN THE PRICE OF ITEM 1. SUCH SUBITEMS WERE: ITEM 1AA, INSTRUCTOR'S GUIDES; ITEM 1AB, LABORATORY MANUALS; ITEM 1AC, INSTRUCTOR/STUDENT REFERENCES; ITEM 1AD, MAINTENANCE/OPERATIONS MANUALS FOR THE READOUT DEVICE; AND ITEM 1AE, MAINTENANCE/OPERATIONS MANUALS FOR THE DUAL TRACE 60 MHZ OSCILLOSCOPE.

"3. EIGHTY SEVEN SOURCES WERE SOLICITED AND THE REQUIREMENT SYNOPSIZED IN THE COMMERCE BUSINESS DAILY IN ACCORDANCE WITH ASPR 1 1003. TWELVE BIDS WERE RECEIVED, RANGING IN PRICE FROM $2702 TO $6797 PER UNIT FOR THE PRIMARY QUANTITY OF 76 UNITS, AND FROM $2574 TO $6697 PER UNIT FOR THE HIGHEST ALTERNATE QUANTITY OF 150 UNITS. THE LOW BIDDER ON THE ALTERNATE QUANTITY OF 100 UNITS (THAT QUANTITY DETERMINED AS NECESSARY TO SATISFY EXISTING GOVERNMENT REQUIREMENTS) WAS AVCO CORPORATION, HUNTSVILLE, ALABAMA, AT $2586 PER UNIT. A PRE-AWARD SURVEY, *** OF AVCO CORPORATION CONDUCTED BY THE DEFENSE CONTRACT ADMINISTRATION SERVICES OFFICE AT HUNTSVILLE, ALABAMA RESULTED IN A RECOMMENDATION THAT NO AWARD BE MADE TO AVCO CORPORATION *** . THE NEXT LOW BIDDER ON THE QUANTITY OF 100 UNITS IS HICKOK TEACHING SYSTEMS, INCORPORATED, AT $2995 PER UNIT."

AWARD ON THIS PROCUREMENT HAS BEEN WITHHELD PENDING RESOLUTION OF THE PROTESTS BY OUR OFFICE.

INITIALLY, YOU CONTEND THAT ELEMENTS OF AUCTION BIDDING ARE INHERENT IN THIS SERIES OF SOLICITATIONS. MORE SPECIFICALLY, IN THIS REGARD, YOU STATE THAT:

"THIS CONTENTION IS BASED ON THE FACT THAT THE SECOND SOLICITATION *** WAS NOT CANCELLED UNTIL AFTER THE OPENING, THEREBY MAKING PUBLIC ALL BIDS. THE THIRD SOLICITATION*** WAS FOR THE SAME ITEMS OF EQUIPMENT EXCEPT THAT A PACKAGE BID WAS REQUIRED. A BIDDER IS NATURALLY DESIROUS OF BEATING THE COMPETITION AND IS BOUND TO FEEL A PRESSURE TO LOWER HIS PRICE FROM THE PREVIOUS BIDS, THUS INJECTING THE AUCTION BIDDING ELEMENT. SEVERAL BIDDERS - INCLUDING HICKOK - DID IN FACT LOWER THEIR PRICES, EVEN THOUGH THE QUANTITY WAS REDUCED FROM 100 TO 76."

IN RESPONSE TO THIS CONTENTION, THREE REASONS ARE ADVANCED BY THE PROCURING ACTIVITY FOR SUCH CANCELLATION: ADDITIONAL REQUIRED AND SUBSTANTIAL SPECIFICATION CHANGES (REQUIRING THE OFFER OF A COMPLETE TRAINING SYSTEM RATHER THAN DELIVERY OF INDIVIDUAL COMPONENTS FROM SEVERAL SUPPLIERS); SUBSTANTIAL QUANTITY CHANGES (100 SYSTEMS TO 76 SYSTEMS); AND REQUIRED DELIVERY SCHEDULE CHANGES (FROM 100 ITEMS WITHIN 120 DAYS TO 20 ITEMS WITHIN 60 DAYS FOR THE INITIAL DELIVERY WITH 25 ITEMS PER MONTH FOLLOW-ONES UNTIL COMPLETION).

WE BELIEVE THAT THE CANCELLATION OF SOLICITATION -0178 BASED ON THE ABOVE -STATED REASONS WAS PROPER EVEN THOUGH BID PRICES WERE EXPOSED. IN THIS REGARD, PARAGRAPH 10(B) OF THE SOLICITATION INSTRUCTIONS AND CONDITIONS SPECIFICALLY RESERVED TO THE GOVERNMENT THE RIGHT TO REJECT ALL BIDS RECEIVED. THIS PROVISION IS IN CONFORMITY WITH 10 U.S.C. 2305(C). ALSO, PARAGRAPH 2-404.1(B) OF THE ARMED SERVICES PROCUREMENT REGULATION PERMITS CANCELLATION OF AN INVITATION SUBSEQUENT TO BID OPENING WHERE IT IS DETERMINED PRIOR TO AWARD THAT INADEQUATE SPECIFICATIONS WERE CITED IN THE INVITATION AND SPECIFICATIONS HAVE BEEN REVISED. B-167594, SEPTEMBER 19, 1969, AND CASES CITED THEREIN. SEE B-168562, JANUARY 14, 1970; B-162823, MARCH 12, 1968; B-150804, MARCH 19, 1963; B-165012, OCTOBER 11, 1968, WHERE WE HELD THAT A CANCELLATION OF A SOLICITATION WAS PROPER IN CIRCUMSTANCES WHERE CHANGES IN THE DELIVERY SCHEDULE WERE REQUIRED AND A REDUCTION IN THE QUANTITY REQUIREMENTS OCCURRED.

YOU NEXT CONTEND THAT THE DELIVERY TIME IS UNREASONABLY SHORT FOR ALL BIDDERS EXCEPT HICKOK TEACHING SYSTEMS, SINCE ONLY THAT FIRM MANUFACTURES THE THREE COMPONENT ITEMS CONSTITUTING THE COMPLETE TRAINING SYSTEM AND, AS SUCH, IS UNDULY RESTRICTIVE OF COMPETITION. IN THIS REGARD, WE ARE ADVISED AS FOLLOWS:

"6. DIGIAC'S CONTENTION THAT DELIVERY TIME REQUIRED BY THE SOLICITATION IS UNREASONABLY SHORT IS UNEQUIVOCALLY REFUTED BY THE RECORD. THE DIRECTOR, ELECTRONICS TECHNICIAN SCHOOLS, AND OTHER RESPONSIBLE REPRESENTATIVES OF THE SCHOOL COMMAND HAVE STATED TO THE CONTRACTING OFFICER THAT PRIOR TO ISSUANCE OF THE SUBJECT SOLICITATION, MR. OLAF MUTEN, BOARD CHAIRMAN OF DIGIAC, AND MR. VINCENT RANDAZZO, VICE PRESIDENT OF DIGIAC, VISITED THE SERVICE SCHOOL COMMAND IN LATE SPRING OF 1969. THAT TIME, A PROPOSAL AND A MODIFIED VERSION OF THE DIGIAC MODEL 3010 LOGIC TRAINER WAS PRESENTED TO THE DIRECTOR, ELECTRONIC TECHNICIAN SCHOOL, FOR HIS APPRAISAL AND COMMENTS. SUCH PROPOSAL *** CLEARLY EVIDENCES THAT THE MODIFIED VERSION OF THE DIGIAC 3010 LOGIC TRAINER MEETS THE SPECIFICATIONS SET FORTH IN THE SOLICITATION. FURTHER, MR. RANDAZZO STATED THAT DIGIAC COULD PRODUCE 50 UNITS WITHIN 30 DAYS AFTER RECEIPT OF ANY CONTRACT. THE DELIVERY PROMISED BY MR. RANDAZZO CLEARLY FALLS WITHIN THE REQUIRED SCHEDULE OF THE QUESTIONED SOLICITATION. IT SHOULD BE NOTED THAT IN ADDITION TO THE TWELVE BIDS RECEIVED, SEVERAL OTHER PROSPECTIVE BIDDERS RESPONDED IN WRITING BY INDICATING THAT THE *** DELIVERY REQUIREMENTS OF THE IFB COULD, IN FACT, BE MET, BUT DECLINED TO BID FOR OTHER REASONS SUCH AS PRESENT HEAVY WORKLOAD. SUCH FACT CLEARLY EVIDENCES THAT DIGIAC'S CONTENTIONS, BOTH AS TO RESTRICTIVE SPECIFICATIONS AND UNREASONABLY SHORT DELIVERY TIME, CANNOT BE SUPPORTED. REPRESENTATIVE EXAMPLES OF SUCH BIDDER RESPONSE ARE LETTERS FROM LTV ELECTRO SYSTEMS, INC., MONITOR DISPLAYS, AND DYNAMIC SYSTEM ELECTRONICS ***

" *** THE DELIVERY SCHEDULE, ALTHOUGH ADMITTEDLY SHORT, IS NECESSARY BECAUSE TIME IS AN EXTREMELY IMPORTANT FACTOR SINCE MANY TRAINEES ARE EVEN AWAITING SPECIFIC TRAINING WHICH CANNOT BE GIVEN UNTIL THE MATERIAL COVERED BY THE QUESTIONED IFB IS DELIVERED. IMPLEMENTATION DATES FOR VARIOUS COURSE OBJECTIVES ASSIGNED BY HIGHER AUTHORITY CANNOT BE MET UNTIL DELIVERY OF SUCH MATERIAL IS MADE. AS DEMONSTRATED ABOVE, SUCH DELIVERY SCHEDULE ESSENTIAL TO THE GOVERNMENT'S NEEDS, CAN, IN FACT, BE MET BY MANY SUPPLIERS, AS DEMONSTRATED BY THE BIDS RECEIVED, SUPPLIER RESPONSES RECEIVED OTHER THAN BIDS AND DELIVERY OFFERS PREVIOUSLY RECEIVED FROM DIGIAC ITSELF."

WITH RESPECT TO THE PROPRIETY OF A DELIVERY SCHEDULE IN A SOLICITATION AND ITS ALLEGED RESTRICTIVE CHARACTER, OUR OFFICE STATED IN B-169370, AUGUST 12, 1970, AS FOLLOWS:

"WHILE THE RECORD DOES NOT SUBSTANTIATE THE CONTENTIONS EXPRESSED DIRECTLY IN YOUR PROTEST, THE QUESTION ARISES AS TO WHETHER THE DELIVERY REQUIREMENT OF 150 DAYS IS UNDULY RESTRICTIVE. OUR OFFICE HAS CONSISTENTLY HELD THAT ESTABLISHMENT OF SPECIFICATIONS TO REFLECT THE ACTUAL NEEDS OF THE GOVERNMENT IS PRIMARILY THE RESPONSIBILITY OF THE ADMINISTRATIVE AGENCY. IN A CASE INVOLVING AN ADVERTISED PROCUREMENT, 45 COMP. GEN. 365 (1965), IT WAS STATED AS FOLLOWS: 'IT IS WELL ESTABLISHED THAT THE GOVERNMENT DOES NOT VIOLATE EITHER THE LETTER OR THE SPIRIT OF THE COMPETITIVE BIDDING STATUTES MERELY BECAUSE ONLY ONE FIRM CAN SUPPLY ITS NEEDS, PROVIDED THE SPECIFICATIONS ARE REASONABLE AND NECESSARY FOR THE PURPOSE INTENDED.' *** "

OUR REVIEW OF THE RECORD REVEALS THAT THE DELIVERY REQUIREMENTS IN THE SOLICITATION WERE BASED ON A BONA FIDE DETERMINATION OF THE ACTUAL NEEDS OF THE PROCURING ACTIVITY IN THIS CASE. NO OTHER BIDDER APPEARS TO HAVE OBJECTED TO THE DELIVERY SCHEDULE REQUIREMENTS, AND WE, THEREFORE, CANNOT CONCLUDE THAT SUCH SCHEDULE WAS UNDULY RESTRICTIVE UNDER THE CIRCUMSTANCES.

LASTLY, YOU ARGUE THAT THE SPECIFICATIONS ARE TAILORED TO ONE MANUFACTURER'S EQUIPMENT (HICKOK TEACHING SYSTEMS), PARTICULARLY THE DIGITAL LOGIC TRAINER, AND THE READOUT DEVICE. THE PROCUREMENT ACTIVITY REPORTS IN THIS REGARD THAT:

"5. THE CONTENTION IS MADE THAT SPECIFICATIONS IN THE THIRD SOLICITATION WERE TAILORED TO A PARTICULAR MANUFACTURER'S EQUIPMENT. SUCH CONTENTION IS NOT WELL FOUNDED. ALTHOUGH DIGIAC COMPARES FEATURES SET FORTH IN THE SOLICITATION RELATING TO THE COMPONENT LOGIC TRAINER AND READOUT DEVICE TO FEATURES OF HICKOK TEACHING SYSTEMS, INCORPORATED'S EQUIPMENT AND FINDS SIMILARITIES, SUCH COMPARISON CAN BE MADE AS EASILY TO THE LOGIC TRAINERS AND READOUT DEVICES OF MANY MANUFACTURERS WITH IDENTICAL RESULTS. FOR EXAMPLE, THE MEMORANDUM FROM DIRECTOR, ELECTRONICS TECHNICIAN SCHOOLS, OF 21 JULY 1970, *** COMPARES, FEATURE BY FEATURE, THE SPECIFICATION REQUIREMENTS OF THE LOGIC TRAINER AS REQUIRED BY THE SOLICITATION TO THE DIGIAC MODEL NUMBER 3010 LOGIC TRAINER. SUCH COMPARISON REVEALS THAT THE DIGIAC MODEL 3010, MIGHT VERY WELL BE THE LOGIC TRAINER DESCRIBED BY THE SPECIFICATIONS. THE COMMERCIAL CATALOG SHEET OF DIGIAC DESCRIBING IN DETAIL THE DIGIAC MODEL 3010 IS ATTACHED AS PART OF SUCH MEMORANDUM. DIGIAC ALLEGES FURTHER THAT THE COMPONENT READOUT DEVICE CALLED FOR BY THE SOLICITATION CLOSELY RESEMBLES THE HICKOK DIGITAL-COUNTER VOLTMETER MAC 735. ALTHOUGH IT IS TRUE THE READOUT DEVICE DESCRIBED DOES RESEMBLE THE HICKOCK 735, SUCH DEVICE ALSO CLOSELY RESEMBLES THE UNITS OF MANY OTHER MANUFACTURERS. REPRESENTATIVE READOUT DEVICES WHICH MEET THE SPECIFICATIONS SET FORTH IN THE SOLICITATION ARE MANUFACTURED BY ELDORADO ELECTRODATA CORPORATION, CONCORD, CALIFORNIA; CES COMPUTERS, INCORPORATED, AND SINGER COMPANY. ALTHOUGH THE COMMERCIAL CATALOG SHEETS OF SUCH SUPPLIERS HAVE NOT BEEN INCLUDED AS ENCLOSURES, THEY CAN BE OBTAINED AND FORWARDED AT A LATER DATE IF DESIRED.

"AS TO THE COMPONENT OSCILLOSCOPE DESCRIBED AS REQUIRED BY THE SOLICITATION, A FEW MANUFACTURERS OF OSCILLOSCOPES WHICH MEET SUCH SPECIFICATIONS ARE TEKTRONICS, INC., HEWLETT-PACKARD, CALIFORNIA INSTRUMENT CORPORATION, AND DUMONT OSCILLOSCOPE LABORATORIES, INC. (ONE OF THE PROTESTERS). * * * * *

"7. IN CONCLUSION, ELECTRONICS SERVICE SCHOOL TECHNICAL REPRESENTATIVES RESPONSIBLE FOR PREPARATION OF THE SPECIFICATION REQUIREMENTS HAVE STATED THAT COURSE OBJECTIVES AS SET FORTH IN NAVPERS 92566A WERE USED AS THE PRIMARY BASES FOR THE FINALIZED SPECIFICATIONS. FOR APPROXIMATELY ONE YEAR, INFORMATION AND KNOWLEDGE WERE ASSIMILATED FROM TEXT BOOKS, STUDY OF VARIOUS EQUIPMENTS, INFORMATION VOLUNTEERED FROM NUMEROUS SUPPLIERS OF IDENTICAL AND SIMILAR EQUIPMENT AND ONLY THEN WERE THE SPECIFICATIONS WRITTEN. THE SPECIFICATIONS WERE NOT PREPARED AROUND HICKOK EQUIPMENT OR FROM HICKOK COMMERCIAL SALES LITERATURE. ANY INFORMATION GARNERED FROM HICKOK MATERIAL WAS ONLY A SMALL PORTION OF THE TOTAL INFORMATION UTILIZED BY THE GOVERNMENT FOR SPECIFICATION PREPARATION. *** "

WE HAVE FOUND NO BASIS IN THE RECORD BEFORE US UPON WHICH TO QUESTION THE DETERMINATION OF THE PROCURING ACTIVITY THAT THE SPECIFICATIONS AS DRAFTED DID NOT RESTRICT COMPETITION TO ONE SOURCE. SEE B-166513, APRIL 30, 1969.

FOR THE FOREGOING REASONS, YOUR PROTEST IS DENIED. THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR LETTER OF TODAY TO DUMONT OSCILLOSCOPE LABORATORIES, INC., DENYING ITS PROTEST UNDER THESE SOLICITATIONS.