B-173053, DEC 27, 1971

B-173053, DEC 27, 1971

BID PROTEST - RESTRICTIVE PROCUREMENT DENIAL OF PROTEST AGAINST AWARD OF A CONTRACT TO SHURE BROTHERS, INC., UNDER AN RFP ISSUED BY THE DEFENSE ELECTRONICS SUPPLY CENTER, DAYTON, OHIO, FOR HEADSET ADAPTORS FOR USE ON THE F-4 AIRCRAFT. SINCE THE RECORD SHOWS THAT SHURE BROTHERS WAS THE ONLY ACCEPTABLE SOURCE OF SUPPLY AND THAT AN EXIGENT SITUATION EXISTED, GAO HAS NO OBJECTIONS TO THE ACTION TAKEN IN THIS PROCUREMENT.

TO BRUNO-NEW YORK INDUSTRIES CORPORATION:

THIS IS IN REPLY TO YOUR TELEFAX OF MAY 24, 1971, AND SUBSEQUENT CORRESPONDENCE FROM YOUR ATTORNEYS PROTESTING THE AWARD OF A CONTRACT TO SHURE BROTHERS, INC., UNDER REQUEST FOR PROPOSALS DSA900-71-R-1918, ISSUED BY THE DEFENSE ELECTRONICS SUPPLY CENTER (DESC), DAYTON, OHIO.

ESSENTIALLY, YOU HAVE PROTESTED THE GOVERNMENT'S REFUSAL TO ACCEPT THE ITEM OFFERED BY YOUR FIRM AND YOU CONTEND THE ABSENCE OF COMPETITION IN THIS PROCUREMENT IS NOT JUSTIFIED.

THE SOLICITATION CALLED FOR OFFERS ON FIVE INCREMENTAL QUANTITIES OF AN ITEM DESCRIBED AS:

5965-300-3135

ADAPTER, HEADSET

SHURE BROTHERS P/N 94B726D.

THE RECORD SHOWS THAT HEADSET ADAPTERS HAVE BEEN PROCURED BY FORMAL ADVERTISING FROM A NUMBER OF MANUFACTURERS. HOWEVER, THE AIR FORCE, WHICH IS THE PRIMARY USER OF THE ITEM, HAS DETERMINED THAT THE SHURE BROTHERS PART IS THE ONLY ITEM THAT CAN BE USED ON THE F-4 AIRCRAFT. WHILE HEADSET ADAPTERS FURNISHED BY YOUR FIRM IN PRIOR PROCUREMENTS APPARENTLY MET THE ADVERTISED SPECIFICATION, YOUR PART HAS FAILED TO FUNCTION PROPERLY IN THE F-4. MOREOVER, THE AIR FORCE HAS ADVISED DESC THAT DATA TO ADEQUATELY DESCRIBE THE CURRENT ACTUAL REQUIREMENTS OF THE GOVERNMENT WITH RESPECT TO THE HEADSET ADAPTER IS NOT AVAILABLE AT THIS TIME BUT THAT THE AIR FORCE LOGISTICS COMMAND IS IN THE PROCESS OF DEVELOPING A COMPETITIVE SPECIFICATION TO COVER NEW AIR FORCE REQUIREMENTS (I.E., THE F-4 AIRCRAFT) WHICH IS EXPECTED BY JANUARY 4, 1972. SINCE A CRITICAL DEMAND FOR THIS ITEM HAS DEVELOPED, THE CONTRACTING OFFICER HAS MADE PARTIAL AWARDS TO SHURE BROTHERS TO ALLEVIATE THIS SITUATION, DESPITE THE LACK OF COMPETITION.

SINCE THE RECORD SHOWS THAT SHURE BROTHERS WAS THE ONLY ACCEPTABLE SOURCE OF SUPPLY AND THAT AN EXIGENT SITUATION EXISTED, WE HAVE NO OBJECTION TO THE ACTIONS TAKEN IN THIS PROCUREMENT.

WE FURTHER NOTE THAT A COPY OF THE ADMINISTRATIVE REPORT WHICH PROVIDES A DETAILED EXPLANATION OF THE INFORMATION OUTLINED ABOVE WAS SENT TO YOU BY DESC. UPON RECEIPT THEREOF YOUR ATTORNEY SUGGESTED THAT BRUNO BE FURNISHED A SAMPLE OF THE SHURE BROTHERS PART TO PERMIT BRUNO TO DUPLICATE IT. THIS SUGGESTION WAS AGREED TO BY DESC AND YOU WERE ADVISED THAT A MINIMUM OF THREE BRUNO SAMPLES AND A TEST REPORT WOULD BE NECESSARY TO EVALUATE THE ITEM. IN VIEW THEREOF, THIS MATTER SHOULD BE PURSUED THROUGH DESC AND THE AIR FORCE, AND IT WOULD NOT APPEAR TO BE NECESSARY FOR THIS OFFICE TO BECOME FURTHER INVOLVED.

ACCORDINGLY, YOUR PROTEST IS DENIED.