B-172107(2), JUL 19, 1971

B-172107(2): Jul 19, 1971

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SECRETARY: REFERENCE IS MADE TO A LETTER DATED APRIL 21. ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTANT REGARDING THIS MATTER. IN ADDITION TO THE DEFECT IN THE INVITATION WHICH WAS THE SUBJECT OF THE IMMEDIATE PROTEST AND WHICH WAS RECOGNIZED IN THE APRIL 21 REPORT ON THE PROTEST. WE FIND THAT THE INVITATION ALSO WAS DEFECTIVE IN OTHER RESPECTS. THE BRAND NAMES REFERENCED ARE NOT MODIFIED BY THE WORDS "OR EQUAL" AS REQUIRED BY SECTION 1-1.307-4 OF THE FEDERAL PROCUREMENT REGULATIONS. INDICATES THAT SIX COLORS WERE TO BE PROVIDED IN A DISPENSER. THERE WAS NO STATEMENT AS TO THE COLORS REQUIRED OR THE NUMBER OF FEET OF TAPE TO BE FURNISHED IN A DISPENSER. IS RECOMMENDED THAT THESE DEFICIENCIES BE BROUGHT TO THE ATTENTION OF RESPONSIBLE PROCUREMENT PERSONNEL.

B-172107(2), JUL 19, 1971

TO MR. SECRETARY:

REFERENCE IS MADE TO A LETTER DATED APRIL 21, 1971, WITH ENCLOSURES, FROM THE DEPUTY ASSISTANT SECRETARY FOR ADMINISTRATION, FURNISHING A REPORT ON THE PROTEST OF WHITE PLAINS ELECTRICAL SUPPLY CO., INC., UNDER INVITATION FOR BIDS NO. PMEC-K55-71-2, ISSUED BY THE BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTANT REGARDING THIS MATTER. IN ADDITION TO THE DEFECT IN THE INVITATION WHICH WAS THE SUBJECT OF THE IMMEDIATE PROTEST AND WHICH WAS RECOGNIZED IN THE APRIL 21 REPORT ON THE PROTEST, WE FIND THAT THE INVITATION ALSO WAS DEFECTIVE IN OTHER RESPECTS. THE INVITATION CONTAINED A "BRAND NAME OR EQUAL" CLAUSE AND A NUMBER OF PURCHASE DESCRIPTIONS CITING BRAND NAMES; HOWEVER, THE BRAND NAMES REFERENCED ARE NOT MODIFIED BY THE WORDS "OR EQUAL" AS REQUIRED BY SECTION 1-1.307-4 OF THE FEDERAL PROCUREMENT REGULATIONS. FURTHER, ITEM 13, COLOR CODING TAPE, INDICATES THAT SIX COLORS WERE TO BE PROVIDED IN A DISPENSER; HOWEVER, THERE WAS NO STATEMENT AS TO THE COLORS REQUIRED OR THE NUMBER OF FEET OF TAPE TO BE FURNISHED IN A DISPENSER. IS RECOMMENDED THAT THESE DEFICIENCIES BE BROUGHT TO THE ATTENTION OF RESPONSIBLE PROCUREMENT PERSONNEL.

THE FILE THAT ACCOMPANIED THE APRIL 21 LETTER IS RETURNED AS REQUESTED.