B-171683(2), SEP 3, 1971

B-171683(2): Sep 3, 1971

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IT APPEARS THAT A PRIMARY CAUSE OF MRC/TRW'S DIFFICULTY IN THIS INSTANCE WAS THE CONTINUING REFUSAL OF BELL HELICOPTER. SINCE IT WOULD ALSO APPEAR THAT BELL AND OTHER PRIME CONTRACTORS HAVE LITTLE INCENTIVE TO MAKE SUCH CHANGES AT THE REQUEST OF QUALIFIED VENDORS. CONSIDERATION BE GIVEN TO ESTABLISHING PROCEDURES WHICH WILL ENSURE THAT ADVICE IS OBTAINED FROM THE PRIME CONTRACTOR RELATIVE TO WHETHER THE OFFERED PART NUMBER IS IN FACT QUALIFIED. ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. THE ENCLOSURES TO THE REFERENCED LETTERS ARE RETURNED.

B-171683(2), SEP 3, 1971

TO MR. SECRETARY:

WE REFER TO LETTERS OF MARCH 11 AND 16, 1971, WITH ENCLOSURES, FROM F. X. MCKENNA, ESQUIRE, THE DEPUTY GENERAL COUNSEL, UNITED STATES ARMY MATERIEL COMMAND RELATING TO THE PROTEST OF MARLIN-ROCKWELL COMPANY, A DIVISION OF TRW, INC., UNDER INVITATION FOR BIDS DAAJ01-71-B-0082 (P1J) ISSUED BY THE U.S. ARMY AVIATION SYSTEMS COMMAND, ST. LOUIS, MISSOURI.

IT APPEARS THAT A PRIMARY CAUSE OF MRC/TRW'S DIFFICULTY IN THIS INSTANCE WAS THE CONTINUING REFUSAL OF BELL HELICOPTER, OVER A PERIOD OF TEN YEARS, TO AMEND ITS DRAWING SO AS TO SHOW THE CURRENT PRODUCTION PART NUMBER OF MRC/TRW. SINCE IT WOULD ALSO APPEAR THAT BELL AND OTHER PRIME CONTRACTORS HAVE LITTLE INCENTIVE TO MAKE SUCH CHANGES AT THE REQUEST OF QUALIFIED VENDORS, WE RECOMMEND THAT IN FUTURE PROCUREMENTS OF THIS TYPE, WHERE A QUALIFIED VENDOR OFFERS A PART NUMBER WHICH DIFFERS FROM THAT SHOWN IN THE INVITATION AND DRAWINGS IN THE PROCUREMENT PACKAGE, CONSIDERATION BE GIVEN TO ESTABLISHING PROCEDURES WHICH WILL ENSURE THAT ADVICE IS OBTAINED FROM THE PRIME CONTRACTOR RELATIVE TO WHETHER THE OFFERED PART NUMBER IS IN FACT QUALIFIED.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. THE ENCLOSURES TO THE REFERENCED LETTERS ARE RETURNED.