B-177949(2), JUN 15, 1973

B-177949(2): Jun 15, 1973

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BE CHANGED OR REVISED TO MAKE IT CLEAR THAT COMPETITION IS NOT LIMITED TO PRIOR SUPPLIERS IN FUTURE PROCUREMENTS OF THIS TYPE. SECRETARY: REFERENCE IS MADE TO LETTER SUP 022E DATED APRIL 25. ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO TESLA CONCERNING ITS INQUIRY. ALTHOUGH WE STATED THAT THE "LIMITED SOLICITATION" CLAUSE IS NOT IN VIOLATION OF LAW OR REGULATION. WE SUGGEST THAT THE SOLICITATION LANGUAGE BE REVISED TO MAKE IT CLEAR THAT COMPETITION IS NOT LIMITED TO PRIOR SUPPLIERS IN FUTURE PROCUREMENTS OF THIS TYPE.

B-177949(2), JUN 15, 1973

DECISION LETTER SUGGESTING THAT THE SOLICITATION LANGUAGE OF CLAUSE IN CERTAIN REQUESTS THE ELECTRONICS SUPPLY OFFICE, GREAT LAKES, ILLINOIS, BE CHANGED OR REVISED TO MAKE IT CLEAR THAT COMPETITION IS NOT LIMITED TO PRIOR SUPPLIERS IN FUTURE PROCUREMENTS OF THIS TYPE.

TO MR. SECRETARY:

REFERENCE IS MADE TO LETTER SUP 022E DATED APRIL 25, 1973, FROM THE DEPUTY COMMANDER, PROCUREMENT MANAGEMENT, NAVAL SUPPLY SYSTEMS COMMAND, FURNISHING A REPORT CONCERNING AN INQUIRY BY TESLA ELECTRIC COMPANY CONCERNING THE USE OF A "LIMITED SOLICITATION" CLAUSE IN CERTAIN REQUESTS FOR PROPOSALS ISSUED BY THE ELECTRONICS SUPPLY OFFICE, GREAT LAKES, ILLINOIS.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO TESLA CONCERNING ITS INQUIRY. ALTHOUGH WE STATED THAT THE "LIMITED SOLICITATION" CLAUSE IS NOT IN VIOLATION OF LAW OR REGULATION, WE BELIEVE THAT THE SOLICITATION COULD BE INTERPRETED BY POTENTIAL OFFERORS AS RESTRICTING CONSIDERATION OF OFFERS TO PREVIOUSLY APPROVED SOURCES. WE SUGGEST THAT THE SOLICITATION LANGUAGE BE REVISED TO MAKE IT CLEAR THAT COMPETITION IS NOT LIMITED TO PRIOR SUPPLIERS IN FUTURE PROCUREMENTS OF THIS TYPE.