B-154593, SEP. 22, 1964
Highlights
TO THE HONORABLE SECRETARY OF THE ARMY: ENCLOSED IS A COPY OF OUR LETTER OF TODAY RELATIVE TO THE BID PROTEST BY THE EIMCO CORPORATION UNDER INVITATION FOR BIDS NO. IN RESPONSE TO EIMCO'S CONTENTION THAT INTERNATIONAL HARVESTER WAS REQUIRED TO FURNISH DESCRIPTIVE DATA ON THE WINCH COMPONENT OF ITS TD 20 TRACTOR. YOUR CONTRACTING OFFICER STATED AS FOLLOWS: "IF THE WINCH IS CONSIDERED TO BE AN INTEGRAL PART OF THE REQUIRED BRAND NAME AND MODEL OF EACH INDIVIDUAL CITED MANUFACTURER. IF THE WINCH IS NOT PART OF THE REQUIRED BRAND NAME AND MODEL. IT IS WELL KNOWN IN THE TRADE THAT THE CARCO WINCH PRODUCED BY PACIFIC CAR AND FOUNDRY COMPANY IS THE ONLY AVAILABLE WINCH CAPABLE OF USE WITH AND FURNISHED BY I-H WHEN ORDERED WITH ITS TD-20 POWER SHIFT TRACTOR.'.
B-154593, SEP. 22, 1964
TO THE HONORABLE SECRETARY OF THE ARMY:
ENCLOSED IS A COPY OF OUR LETTER OF TODAY RELATIVE TO THE BID PROTEST BY THE EIMCO CORPORATION UNDER INVITATION FOR BIDS NO. AMC (T) 11-184-64-444 (A), ISSUED JUNE 5, 1964.
IN RESPONSE TO EIMCO'S CONTENTION THAT INTERNATIONAL HARVESTER WAS REQUIRED TO FURNISH DESCRIPTIVE DATA ON THE WINCH COMPONENT OF ITS TD 20 TRACTOR, YOUR CONTRACTING OFFICER STATED AS FOLLOWS:
"IF THE WINCH IS CONSIDERED TO BE AN INTEGRAL PART OF THE REQUIRED BRAND NAME AND MODEL OF EACH INDIVIDUAL CITED MANUFACTURER, THEN I-H WOULD NOT BE REQUIRED TO FURNISH ANY DESCRIPTIVE LITERATURE OR INFORMATION REGARDING ITS WINCH SINCE IT HAS OFFERED THE REQUIRED BRAND MAKE AND MODEL. IF THE WINCH IS NOT PART OF THE REQUIRED BRAND NAME AND MODEL, THE IFB DOES NOT REQUIRE A BIDDER TO FURNISH WINCH INFORMATION OR LITERATURE. IT IS WELL KNOWN IN THE TRADE THAT THE CARCO WINCH PRODUCED BY PACIFIC CAR AND FOUNDRY COMPANY IS THE ONLY AVAILABLE WINCH CAPABLE OF USE WITH AND FURNISHED BY I-H WHEN ORDERED WITH ITS TD-20 POWER SHIFT TRACTOR.'
ON THIS PROCUREMENT WE FIND THAT I-H OFFERED THE CARCO WINCH. FOR FUTURE PROCUREMENTS, HOWEVER, WE SUGGEST THAT THE BRAND NAME PURCHASE DESCRIPTION ON THE ITEM (ITEM NO. 1) BE CLARIFIED TO SPECIFY ANY ATTACHMENTS WHICH MUST BE FURNISHED WITH THE BRAND NAME TRACTORS.