B-176609(2), MAY 8, 1973

B-176609(2): May 8, 1973

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COMPETITIVE PROCEDURES IN THE ACQUISITION OF AUTOMATIC DATA PROCESSING EQUIPMENT OF THIS TYPE ARE REQUIRED. SECRETARY: REFERENCE IS MADE TO A LETTER DATED DECEMBER 1. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO GERBER. ALTHOUGH WE HAVE DENIED THE PROTEST FOR REASONS SET FORTH IN THE DECISION. WE ARE BRINGING THIS MATTER TO YOUR ATTENTION TO PREVENT A RECURRENCE IN FUTURE PROCUREMENTS.

B-176609(2), MAY 8, 1973

ADVICE OF DENIAL OF BID PROTEST OF GERBER COMPANY AGAINST AN AWARD TO ACTRON INDUSTRIES, INC., FOR A "3-D-INSPECTION SYSTEM" PURCHASED UNDER DELIVERY ORDER NO. DAAA25-73-F0046, ISSUED BY THE FRANKFORD ARSENAL, PHILADELPHIA. COMPETITIVE PROCEDURES IN THE ACQUISITION OF AUTOMATIC DATA PROCESSING EQUIPMENT OF THIS TYPE ARE REQUIRED.

TO MR. SECRETARY:

REFERENCE IS MADE TO A LETTER DATED DECEMBER 1, 1972 (AMCGC-P), AND PRIOR CORRESPONDENCE, FROM THE DEPUTY GENERAL COUNSEL, DEPARTMENT OF THE ARMY, HEADQUARTERS, UNITED STATES ARMY MATERIAL COMMAND, CONCERNING THE PROTEST OF GERBER SCIENTIFIC INSTRUMENT COMPANY (GERBER), AGAINST THE AWARD OF A CONTRACT TO ACTRON INDUSTRIES, INCORPORATED, FOR A "3-D INSPECTION SYSTEM" PURCHASED UNDER DELIVERY ORDER NO. DAAA25-73-F0046, ISSUED BY THE FRANKFORD ARSENAL, PHILADELPHIA, PENNSYLVANIA.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO GERBER.

THE PROCURING ACTIVITY HAS CITED ARMED SERVICES PROCUREMENT REGULATION 5- 103 AND 1-1003.1(C)(V) AS JUSTIFICATION FOR PLACING AN ORDER UNDER A FEDERAL SUPPLY SCHEDULE CONTRACT WITHOUT SOLICITING COMPETITIVE BIDS OR PROPOSALS. HOWEVER, AS POINTED OUT IN OUR DECISION, FEDERAL PROPERTY MANAGEMENT REGULATION 101-32.407 APPEARS TO REQUIRE COMPETITIVE PROCEDURES IN THE ACQUISITION OF AUTOMATIC DATA PROCESSING EQUIPMENT OF THE TYPE INVOLVED HERE.

ALTHOUGH WE HAVE DENIED THE PROTEST FOR REASONS SET FORTH IN THE DECISION, WE ARE BRINGING THIS MATTER TO YOUR ATTENTION TO PREVENT A RECURRENCE IN FUTURE PROCUREMENTS.