B-174389, FEB 10, 1972

B-174389: Feb 10, 1972

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SINCE THE SUBJECT OF THIS PROTEST IS CURRENTLY ON APPEAL WITH THE ARMED SERVICES BOARD OF CONTRACT APPEALS. WILL TAKE NO ACTION ON THE MATTER. INC.: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 5. THE RECORD INDICATES THAT THE SUBJECT CONTRACT WAS AWARDED TO APM FOR A QUANTITY OF 3. YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO APM IS BASED ON YOUR CONTENTION THAT THE APM FILTERS DO NOT MEET THE REQUIREMENTS OF THE SPECIFICATION AND THAT THERE ARE DEFICIENCIES AND DISCREPANCIES IN THE TESTING OF THE APM FILTERS. WE ARE ADVISED THAT UPON COMPLETION OF THE APM CONTRACT. THE UNITED STATES AIR FORCE ASSESSED EXCESS COSTS AGAINST YOUR FIRM SINCE THE APM UNIT PRICE WAS HIGHER THAN IN THE DEFAULTED CONTRACT AND.

B-174389, FEB 10, 1972

BID PROTEST - DEFAULT - ASSESSMENT OF EXCESS COSTS CONCERNING THE PROTEST OF WESTERN FILTER COMPANY, INC., AGAINST AWARD OF A CONTRACT TO AIRCRAFT POROUS MEDIA, INC., UNDER AN RFP ISSUED BY HILL AFB, UTAH, FOR A PROCUREMENT OF AIRCRAFT FILTER ELEMENTS. SINCE THE SUBJECT OF THIS PROTEST IS CURRENTLY ON APPEAL WITH THE ARMED SERVICES BOARD OF CONTRACT APPEALS, THE COMP. GEN. WILL TAKE NO ACTION ON THE MATTER.

TO WESTERN FILTER COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 5, 1972, WITH ENCLOSURE, AND PRIOR CORRESPONDENCE, PROTESTING THE AWARD OF CONTRACT NO. F42600-72-C -0488 TO AIRCRAFT POROUS MEDIA, INC. (APM), UNDER REQUEST FOR PROPOSALS NO. F42600-72-R-3279, ISSUED BY THE DEPARTMENT OF THE AIR FORCE, HILL AIR FORCE BASE, UTAH.

THE RECORD INDICATES THAT THE SUBJECT CONTRACT WAS AWARDED TO APM FOR A QUANTITY OF 3,267 FILTER ELEMENTS APPLICABLE TO THE F/RF-4 SERIES AIRCRAFT AFTER CONTRACT NO. F42600-71-C-2085 WITH YOUR FIRM FOR THE FILTERS HAD BEEN TERMINATED ON SEPTEMBER 2, 1971, FOR FAILURE TO MEET THE SPECIFICATIONS OF THE CONTRACT. PURSUANT TO THE DEFAULT CLAUSE OF THE TERMINATED CONTRACT, THE GOVERNMENT REPROCURED THE FILTERS FROM APM UNDER THE PROTESTED CONTRACT.

YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO APM IS BASED ON YOUR CONTENTION THAT THE APM FILTERS DO NOT MEET THE REQUIREMENTS OF THE SPECIFICATION AND THAT THERE ARE DEFICIENCIES AND DISCREPANCIES IN THE TESTING OF THE APM FILTERS. WE ARE ADVISED THAT UPON COMPLETION OF THE APM CONTRACT, THE UNITED STATES AIR FORCE ASSESSED EXCESS COSTS AGAINST YOUR FIRM SINCE THE APM UNIT PRICE WAS HIGHER THAN IN THE DEFAULTED CONTRACT AND, ADDITIONALLY, THERE WERE LARGER TRANSPORTATION EXPENSES.

SUBSEQUENT TO THE RECEIPT OF YOUR JANUARY 5, 1972, LETTER, WE WERE ADVISED THAT YOUR FIRM HAS FILED AN APPEAL WITH THE ARMED SERVICES BOARD OF CONTRACT APPEALS AGAINST THE DEFAULT OF YOUR CONTRACT AND THE ASSESSMENT OF EXCESS COSTS UNDER THE REPROCUREMENT CONTRACT AND THAT THE ISSUE IN THE PROTEST IS THE SAME AS THAT WHICH IS BEFORE THE BOARD. OUR OFFICE THEREFORE WILL TAKE NO ACTION ON THE PROTEST AND ACCORDINGLY WE ARE CLOSING OUR FILE ON THE MATTER.