B-170702, DEC. 2, 1970

B-170702: Dec 2, 1970

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WHERE SOLICITATION SPECIFICALLY ADVISED THAT PROPOSALS OFFERING OTHER THAN THE SPECIFIED ITEM HAD TO BE SUPPORTED BY DESCRIPTIVE LITERATURE SHOWING THAT THE OFFERED ITEM COULD CONFORM TO THE SPECIFICATIONS AND THE GOVERNMENT ATTEMPTED TO EXTEND TO PROTESTANT EVERY POSSIBLE ASSISTANCE BY EXTENDING DEADLINE FOR A SUBMISSION OF A COMPLETE DATA PACKAGE AND INFORMATION WAS FURNISHED BY THE GOVERNMENT TO ENABLE IT TO SUBMIT EVIDENCE THAT IT COULD MEET THE SPECIFICATIONS. TO MELCOR ELECTRONICS CORPORATION: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 19. WAS NEGOTIATED BECAUSE SPECIFICATIONS NECESSARY TO PERMIT SMALL BUSINESS RESTRICTED ADVERTISING WERE NOT AVAILABLE TO. OFFERORS WERE REQUIRED TO FURNISH DESCRIPTIVE LITERATURE INCLUDING TEST PROCEDURES IN SUFFICIENT DETAIL FOR THE GOVERNMENT TO DETERMINE THAT THE ITEM OFFERED WOULD CONFORM TO THE SPECIFICATIONS.

B-170702, DEC. 2, 1970

BID PROTEST - SPECIFICATION REQUIREMENTS DENIAL OF PROTEST BY LOW BIDDER, MELCOR ELECTRONICS CORPORATION, AGAINST AWARD, BY NAVY ELECTRONICS SUPPLY OFFICE UNDER REQUEST FOR PROPOSALS TO FURNISH AUDIO FREQUENCY AMPLIFIERS, (ILLEGIBLE) OF NEGOTIATED CONTRACT TO TARGET CORPORATION. WHERE SOLICITATION SPECIFICALLY ADVISED THAT PROPOSALS OFFERING OTHER THAN THE SPECIFIED ITEM HAD TO BE SUPPORTED BY DESCRIPTIVE LITERATURE SHOWING THAT THE OFFERED ITEM COULD CONFORM TO THE SPECIFICATIONS AND THE GOVERNMENT ATTEMPTED TO EXTEND TO PROTESTANT EVERY POSSIBLE ASSISTANCE BY EXTENDING DEADLINE FOR A SUBMISSION OF A COMPLETE DATA PACKAGE AND INFORMATION WAS FURNISHED BY THE GOVERNMENT TO ENABLE IT TO SUBMIT EVIDENCE THAT IT COULD MEET THE SPECIFICATIONS, - THE URGENCY OF THE AWARD PLUS PROTESTANT'S FAILURE TO FURNISH THE NECESSARY DATA PROVIDES ADEQUATE BASIS FOR AFFIRMING THE ADMINISTRATIVE ACTION IN MAKING AWARD TO ANOTHER FIRM AND THE PROTEST MUST, THEREFORE, BE DENIED.

TO MELCOR ELECTRONICS CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 19, 1970, PROTESTING THE AWARD MADE UNDER REQUEST FOR PROPOSALS N00126-70-R 0H0270, ISSUED BY THE NAVY ELECTRONICS SUPPLY OFFICE, GREAT LAKES, ILLINOIS.

THE SOLICITATION, ISSUED ON JANUARY 6, 1970, WITH A CLOSING DATE OF FEBRUARY 5, 1970, REQUESTED PROPOSALS FOR A PRIMARY QUANTITY OF 736 UNITS AND THREE ALTERNATE QUANTITIES OF 1,000, 1,500, AND 2,000 UNITS OF AUDIO FREQUENCY AMPLIFIERS TO BE MANUFACTURED IN ACCORDANCE WITH RAYTHEON DRAWING NUMBER N658891-2, REVISION K-6, AS SUPPLEMENTED BY ADDITIONAL TECHNICAL REQUIREMENTS SPECIFICALLY SET FORTH IN THE SOLICITATION. THE PROCUREMENT, A TOTAL SMALL BUSINESS SET-ASIDE, WAS NEGOTIATED BECAUSE SPECIFICATIONS NECESSARY TO PERMIT SMALL BUSINESS RESTRICTED ADVERTISING WERE NOT AVAILABLE TO, AND COULD NOT BE DRAFTED BY, THE GOVERNMENT.

EXCEPT FOR THE OFFEROR WHOSE SPECIFICATION DESCRIBED THE ITEM AND THOSE WHO HAD SATISFACTORILY MANUFACTURED OR SUPPLIED IT, OFFERORS WERE REQUIRED TO FURNISH DESCRIPTIVE LITERATURE INCLUDING TEST PROCEDURES IN SUFFICIENT DETAIL FOR THE GOVERNMENT TO DETERMINE THAT THE ITEM OFFERED WOULD CONFORM TO THE SPECIFICATIONS.

YOURS WAS THE LOWEST OF SIX PROPOSALS RECEIVED. HOWEVER, YOUR DESCRIPTIVE LITERATURE WAS FOUND TO HAVE OMITTED PERTINENT FABRICATION AND TEST DETAILS. YOU WERE ADVISED OF THE DEFICIENCY BY LETTER DATED MARCH 17, 1970, AND NOTIFIED THAT THE PROPOSAL WOULD BE DISREGARDED UNLESS A COMPLETE DATA PACKAGE WAS SUBMITTED BY MARCH 30, 1970. THE DEADLINE WAS LATER EXTENDED TO APRIL 27, 1970. ADDITIONAL TECHNICAL DATA WAS SUBMITTED BY LETTER DATED APRIL 30, 1970. HOWEVER, AN EXAMINATION OF SUCH DATA DISCLOSED THAT NO REVISIONS HAD BEEN MADE IN THE TEST PROCEDURES.

IT IS REPORTED THAT IN AN EFFORT TO EXTEND EVERY POSSIBLE ASSISTANCE, A SEARCH WAS MADE OF THE GOVERNMENT'S FILES IN ORDER TO VERIFY THAT ALL POSSIBLE DATA RELATING TO THE AMPLIFIER HAD BEEN FURNISHED. AS A RESULT OF THE SEARCH, DRAWINGS IN THE FORM OF APERTURE CARDS OF THE NEXT HIGHER SUBASSEMBLY IN WHICH THE AUDIO FREQUENCY AMPLIFIER IS INCORPORATED AS A COMPONENT PART, WERE FORWARDED TO MELCOR BY LETTER DATED MAY 27, 1970, IN THE HOPE THAT SUCH INFORMATION MIGHT PROVE HELPFUL AND ENABLE MELCOR TO SUBMIT DATA SHOWING THAT IT COULD MEET SPECIFICATION REQUIREMENTS. THE LETTER ADVISED MELCOR THAT IF AN ADEQUATE TEST PROCEDURE WAS NOT RECEIVED BY JUNE 5, 1970, ITS PROPOSAL WOULD HAVE TO BE DISREGARDED. MELCOR SUBMITTED A REVISED TEST PROCEDURE BY LETTER DATED JUNE 4, 1970. HOWEVER, A REVIEW OF THE REVISED TEST PROCEDURE REVEALED THAT DEFECTS AND OMISSIONS WERE STILL PRESENT. ONE OF THE MATERIAL DEFICIENCIES WAS THE FAILURE OF THE FREQUENCY RESPONSE AND GAIN LIMITS TO CONFORM TO THE SPECIFIED RAYTHEON ITEM AND NO CONTROLS WERE WRITTEN INTO THE MELCOR TEST PROCEDURE TO VERIFY THE FREQUENCY RESPONSE AND GAIN LIMITS IN THE UNIT IT PROPOSED TO FURNISH.

IN THE MEANTIME, THE PROCUREMENT HAD BECOME URGENT NECESSITATING A PROMPT AWARD. THEREFORE, A CONTRACT FOR THE AMPLIFIERS WAS AWARDED ON JULY 20, 1970, TO THE TARGET CORPORATION.

YOU CONTEND THAT THE NAVY DID NOT SUPPLY MELCOR A TEST PROCEDURE WHICH IT COULD FOLLOW TECHNICALLY, TO ASSURE THAT IT WOULD MEET REQUIREMENTS.

THE SOLICITATION SPECIFICALLY ADVISED THAT PROPOSALS OFFERING OTHER THAN THE SPECIFIED ITEM HAD TO BE SUPPORTED BY DESCRIPTIVE LITERATURE SHOWING THAT THE OFFERED ITEM WOULD CONFORM TO THE SPECIFICATIONS INCLUDING THE TEST REQUIREMENTS. IN FACT, THE PROCUREMENT WAS NEGOTIATED, RATHER THAN ISSUED UNDER SMALL BUSINESS RESTRICTED ADVERTISING, PRECISELY BECAUSE THE GOVERNMENT DID NOT HAVE COMPLETE FABRICATION SPECIFICATIONS AND TEST PROCEDURES. IN THE CIRCUMSTANCES, IT WAS THE OFFEROR'S RESPONSIBILITY TO FURNISH DESCRIPTIVE DATA SHOWING THAT THE ITEM OFFERED WOULD COMPLY.

ON THE BASIS OF THE FACTS REPORTED, WE CONCLUDE THAT MELCOR, ALTHOUGH GIVEN AMPLE OPPORTUNITY, FAILED TO SUBMIT DATA SHOWING THAT THE ITEM OFFERED WOULD MEET THE GOVERNMENT'S REQUIREMENTS. ACCORDINGLY, WE FIND NO LEGAL BASIS TO QUESTION THE ADMINISTRATIVE ACTION TAKEN AND, THEREFORE, YOUR PROTEST MUST BE DENIED.