B-172509(2), JUL 2, 1971

B-172509(2): Jul 2, 1971

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SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY. THE PROTEST WAS THE SUBJECT OF A REPORT DATED MAY 27. THE FILE TRANSMITTED WITH THAT REPORT IS RETURNED. ALTHOUGH WE HAVE DENIED THE PROTEST. WE BELIEVE THE PROVISIONS OF THE SECOND PARAGRAPH UNDER ITEM NO. 0002 OF THE SCHEDULE ARE BOTH AMBIGUOUS AND INAPPROPRIATE. THE FORM WAS DESIGNED FOR THE FURNISHING OF ESTIMATES ONLY AND NOT FOR USE IN THE EVALUATION OF BIDS.

B-172509(2), JUL 2, 1971

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY, DENYING THE PROTEST OF THE R. A. MILLER ELECTRONICS CORPORATION UNDER INVITATION FOR BIDS F41608-71-B -0531.

THE PROTEST WAS THE SUBJECT OF A REPORT DATED MAY 27, 1971, SPPM, FROM THE CHIEF, CONTRACT MANAGEMENT DIVISION, DIR/PROCUREMENT POLICY, DCS/S&L, AND THE FILE TRANSMITTED WITH THAT REPORT IS RETURNED.

ALTHOUGH WE HAVE DENIED THE PROTEST, WE BELIEVE THE PROVISIONS OF THE SECOND PARAGRAPH UNDER ITEM NO. 0002 OF THE SCHEDULE ARE BOTH AMBIGUOUS AND INAPPROPRIATE, AND WE SUGGEST THAT THE PARAGRAPH BE REVISED IN FUTURE PROCUREMENTS. THE PARAGRAPH PURPORTS TO CONVERT DD FORM 1423 TO A FIXED PRICING AND EVALUATION DOCUMENT WHEREAS, AS EVIDENCED BY THE FORM AND INSTRUCTIONS THEREON, THE FORM WAS DESIGNED FOR THE FURNISHING OF ESTIMATES ONLY AND NOT FOR USE IN THE EVALUATION OF BIDS. FUTURE PROCUREMENTS SHOULD CLEARLY STATE THAT SEPARATE CHARGES FOR DATA, OR INDICATIONS OF NO SEPARATE CHARGES THEREFOR, SHOULD BE SHOWN OPPOSITE THE DATA ITEMS LISTED ON THE SCHEDULE.