B-171177(2), MAY 11, 1971

B-171177(2): May 11, 1971

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ENCLOSED IS A COPY OF OUR LETTER OF TODAY DENYING THE CHAMBERLAIN PROTEST. THE ADMINISTRATIVE REPORT STATES THAT CONSIDERATION WAS GIVEN TO THE POSSIBILITY OF MAKING AN AWARD FOR THE LARGER QUANTITY TO THE LOWER OFFEROR AND OBTAINING THE BALANCE BY SUCH ALTERNATIVES AS THE EXERCISE OF CERTAIN OPTION CLAUSES OR BY NEGOTIATION OR BY ISSUANCE OF A NEW INVITATION FOR THAT QUANTITY. EACH OF THESE ALTERNATIVES WAS DETERMINED NOT TO BE FEASIBLE IN THAT CASE EITHER BECAUSE THE RESULTING DELAY IN DELIVERIES WOULD HAVE MADE IT IMPOSSIBLE FOR THE PROCURING ACTIVITY TO MEET ITS COMMITMENTS FOR THE ITEMS OR FOR SIMILAR PRACTICAL CONSIDERATIONS.

B-171177(2), MAY 11, 1971

BID PROTEST - MULTIPLE AWARDS - LOWEST INDIVIDUAL OFFEROR WITH RESPECT TO THE PROTEST OF CHAMBERLAIN MANUFACTURING CORP., AGAINST THE AWARDS MADE UNDER AN RFP ISSUED BY THE AMMUNITION PROCUREMENT AND SUPPLY AGENCY FOR METAL PROJECTILE PARTS, THE COMP. GEN. ADVISES THAT ALTERNATIVE PROCUREMENT APPROACHES SHOULD BE CONSIDERED TO ENCOURAGE FAVORABLE PRICE PROPOSALS IN COMBINATION AWARD SITUATIONS.

TO MR. SECRETARY:

THIS REFERS TO THE LETTERS OF DECEMBER 21, 1970, AND FEBRUARY 11, 1971, WITH ATTACHMENTS, FROM HEADQUARTERS, ARMY MATERIEL COMMAND, AMCGC P, CONCERNING A PROTEST BY CHAMBERLAIN MANUFACTURING CORPORATION, AGAINST THE AWARDS OF CONTRACTS UNDER REQUEST FOR PROPOSALS (RFP) NO. DAAA09-71-R- 0018, ISSUED ON AUGUST 26, 1970, BY THE AMMUNITION PROCUREMENT AND SUPPLY AGENCY (APSA), DEPARTMENT OF THE ARMY, FOR THE PROCUREMENT OF METAL PARTS FOR 155MM PROJECTILES.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY DENYING THE CHAMBERLAIN PROTEST. HOWEVER, WE BELIEVE THAT CONSIDERATION SHOULD BE GIVEN TO MEANS FOR ENCOURAGING FAVORABLE PRICE PROPOSALS IN PROCUREMENTS INVOLVING COMBINATION AWARDS OF THE TYPE CONSIDERED HERE. IN THIS CONNECTION, IN B- 153687, JULY 7, 1964, A PRIOR APSA PROCUREMENT INVOLVING A SOMEWHAT SIMILAR FACTUAL SITUATION UNDER AN ADVERTISED PROCUREMENT, THE ADMINISTRATIVE REPORT STATES THAT CONSIDERATION WAS GIVEN TO THE POSSIBILITY OF MAKING AN AWARD FOR THE LARGER QUANTITY TO THE LOWER OFFEROR AND OBTAINING THE BALANCE BY SUCH ALTERNATIVES AS THE EXERCISE OF CERTAIN OPTION CLAUSES OR BY NEGOTIATION OR BY ISSUANCE OF A NEW INVITATION FOR THAT QUANTITY. EACH OF THESE ALTERNATIVES WAS DETERMINED NOT TO BE FEASIBLE IN THAT CASE EITHER BECAUSE THE RESULTING DELAY IN DELIVERIES WOULD HAVE MADE IT IMPOSSIBLE FOR THE PROCURING ACTIVITY TO MEET ITS COMMITMENTS FOR THE ITEMS OR FOR SIMILAR PRACTICAL CONSIDERATIONS.

IN A CASE OF THIS TYPE, WE BELIEVE IT MIGHT BE ADVISABLE TO CONSIDER AND, WHERE FEASIBLE, ADOPT ONE OR MORE OF THE ALTERNATIVE APPROACHES CONSIDERED IN THE EARLIER CASE. APPROPRIATE CLAUSES COULD BE INCLUDED IN THE INITIAL SOLICITATION ADVISING OFFERORS OF SUCH POSSIBILITIES. WE WOULD APPRECIATE YOUR VIEWS ON THE MATTER.