B-164885, JAN 15, 1969

B-164885: Jan 15, 1969

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E. SHIPLEY MACHINERY COMPANY: ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF THE NAVY IN REGARD TO YOUR PROTEST UNDER NAVY PURCHASING OFFICE INVITATION FOR BIDS N00600-68-B-0408 AGAINST THE AWARD TO CINCINNATI MILLING AND GRINDING MACHINERY COMPANY. CERTAIN OF THE DESIGN FEATURES OF THE CINCINNATI MODEL DO NOT APPEAR TO HAVE BEEN ANTICIPATED. IT IS REPORTED THAT WHEN THE SPECIFICATION (MIL-L- 80053 DATED SEPTEMBER 23. 1965) WAS LAST COORDINATED WITH INDUSTRY (BEFORE SEPTEMBER 23. SOME OF THE DESIGN FEATURES OF THIS MACHINE ARE NOT REFLECTED IN THE SPECIFICATION. THAT THE MACHINE WILL MEET OR EXCEED THE INTENT OF THE SPECIFICATION (A CONCLUSION WITH WHICH YOU VIGOROUSLY DISAGREE).

B-164885, JAN 15, 1969

PRECIS-UNAVAILABLE

W. E. SHIPLEY MACHINERY COMPANY:

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF THE NAVY IN REGARD TO YOUR PROTEST UNDER NAVY PURCHASING OFFICE INVITATION FOR BIDS N00600-68-B-0408 AGAINST THE AWARD TO CINCINNATI MILLING AND GRINDING MACHINERY COMPANY, INCORPORATED, FOR NUMERICALLY CONTROLLED ENGINE LATHES.

IN VIEW OF THE MODIFICATIONS PROPOSED IN THE CINCINNATI BID, WE DOUBT THAT THE ITEM OFFERED CAN BE CONSIDERED A "CURRENT COMMERCIAL MODEL" WITHIN THE MEANING OF PARAGRAPH 3.2 OF THE SPECIFICATION. MOREOVER, CERTAIN OF THE DESIGN FEATURES OF THE CINCINNATI MODEL DO NOT APPEAR TO HAVE BEEN ANTICIPATED. IT IS REPORTED THAT WHEN THE SPECIFICATION (MIL-L- 80053 DATED SEPTEMBER 23, 1965) WAS LAST COORDINATED WITH INDUSTRY (BEFORE SEPTEMBER 23, 1965) THE CINCINNATI MACHINE HAD NOT YET BEEN MARKETED. A RESULT, SOME OF THE DESIGN FEATURES OF THIS MACHINE ARE NOT REFLECTED IN THE SPECIFICATION. BUT, AS YOU KNOW, THE NAVY BELIEVES THAT THE CINCINNATI DESIGN DOES REPRESENT AN ADVANCE IN THE STATE OF THE ART, AND THAT THE MACHINE WILL MEET OR EXCEED THE INTENT OF THE SPECIFICATION (A CONCLUSION WITH WHICH YOU VIGOROUSLY DISAGREE). THE NAVY ALSO STATES THAT AT SUCH TIME AS THE SPECIFICATION IS REWRITTEN, IT WILL BE COORDINATED WITH CINCINNATI ALONG WITH OTHERS IN INDUSTRY.

IN THE CIRCUMSTANCES AND CONSIDERING THE TIME SINCE AWARD, WE DO NOT INTEND TO REQUIRE CANCELLATION OF THE CONTRACT.

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