B-174482(2), MAR 24, 1972

B-174482(2): Mar 24, 1972

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THERE IS NO EXPLANATION FOR THE POSITION OF THE PROCURING ACTIVITY THAT THE ACQUISITION OF SUCH DATA WOULD NOT AFFECT THE COST TO THE GOVERNMENT OF DEVELOPING COMPETITIVE SPECIFICATIONS. SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY. OR DOES NOT HAVE. WE WILL. THE PROTEST WAS THE SUBJECT OF REPORTS DATED DECEMBER 8. THE FILES FORWARDED WITH THOSE REPORTS ARE RETURNED.

B-174482(2), MAR 24, 1972

BID PROTEST - PROPRIETY OF SOLE-SOURCE PROCUREMENT CONCERNING A DECISION DENYING THE PROTEST OF THE A. C. BALL COMPANY UNDER AN RFP ISSUED BY THE ARMY MISSILE COMMAND, REDSTONE ARSENAL, FOR BELLOWS ASSEMBLIES. THE PRESENT RECORD DOES NOT JUSTIFY THE ISSUANCE OF FUTURE SOLE SOURCE PROCUREMENTS TO AEROQUIP, SINCE GAO HAS NOT BEEN FURNISHED WITH THE EXPECTED COST OF ACQUIRING SUFFICIENT DATA FROM AEROQUIP TO PERMIT COMPETITIVE PROCUREMENTS IN THE FUTURE. FURTHER, THERE IS NO EXPLANATION FOR THE POSITION OF THE PROCURING ACTIVITY THAT THE ACQUISITION OF SUCH DATA WOULD NOT AFFECT THE COST TO THE GOVERNMENT OF DEVELOPING COMPETITIVE SPECIFICATIONS. ACCORDINGLY, THE COMP. GEN. RECOMMENDS THAT THE DECISION TO ISSUE FUTURE SOLE-SOURCE PROCUREMENTS TO AEROQUIP BE REEXAMINED.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY, DENYING THE PROTEST OF THE A. C. BALL COMPANY UNDER RFP DAAH01-72-R-0262, ISSUED BY THE U.S. ARMY MISSILE COMMAND, REDSTONE ARSENAL, FOR BELLOWS ASSEMBLIES.

WHILE WE CANNOT OBJECT TO THE PROPOSED AWARD TO AEROQUIP UNDER THE SUBJECT RFP, ON THE BASIS OF THE PRESENT RECORD WE CANNOT CONCUR WITH THE DECISION TO ISSUE FUTURE SOLE-SOURCE PROCUREMENTS TO AEROQUIP.

IN THIS REGARD, THE PROCURING ACTIVITY HAS NOT FURNISHED THIS OFFICE WITH THE EXPECTED COST OF ACQUIRING SUFFICIENT DATA FROM AEROQUIP TO PERMIT COMPETITIVE PROCUREMENTS IN THE FUTURE, OR WITH A DETAILED EXPLANATION OF ITS APPARENT POSITION THAT THE GOVERNMENT WOULD BE OBLIGED TO MAKE THE SAME TESTS, AND INCUR THE SAME COSTS, TO DEVELOP COMPETITIVE SPECIFICATIONS, IRRESPECTIVE OF WHETHER IT HAS, OR DOES NOT HAVE, AEROQUIP'S DATA. ADDITIONALLY, WE BELIEVE ANY ESTIMATE OF SAVINGS SHOULD BE BASED UPON ALL PROJECTED NEEDS FOR THE ASSEMBLIES, RATHER THAN NEEDS FOR THE "NEXT FEW YEARS," AS INDICATED BY THE PRESENT RECORD.

IN VIEW THEREOF, WE RECOMMEND THAT THE QUESTION OF THE PROPOSED DESIRABILITY OF DEVELOPING COMPETITIVE SPECIFICATIONS FOR THESE UNITS BE REEXAMINED. WE WILL, OF COURSE, BE GLAD TO CONSIDER THE MATTER FURTHER UPON COMPLETION OF SUCH REVIEW IN ACCORDANCE WITH THE ABOVE OBSERVATIONS.

THE PROTEST WAS THE SUBJECT OF REPORTS DATED DECEMBER 8, 1971, AND JANUARY 28, 1972, FROM THE DEPUTY GENERAL COUNSEL. THE FILES FORWARDED WITH THOSE REPORTS ARE RETURNED.