B-165402, DEC. 17, 1968

B-165402: Dec 17, 1968

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WE HAVE BY OUR DECISION OF TODAY TO HY-GAIN ELECTRONICS CORPORATION. THE FACTS IN THAT DECISION ARE EQUALLY APPLICABLE TO THE PRESENT PROTEST. TO THE EXTENT THAT THE CONCLUSIONS IN THAT DECISION ARE APPLICABLE TO YOUR PROTEST. THEY ARE SIMILARLY DISPOSITIVE OF THE PRESENT CASE. THAT BECAUSE THIS PROCUREMENT WAS URGENT. NAVY WAS NOT REQUIRED TO CONSIDER HY- GAIN'S OFFER. YOUR PROTEST DIFFERS FROM HY-GAIN'S IN THAT YOU CONTEND THAT YOU ARE IN A POSITION TO PROVE ACCEPTABILITY OF TCI'S ANTENNA WITHIN THE TIME FRAME OF THIS URGENT PROCUREMENT. DESIGN AND MANUFACTURE OF THE MODEL 747V-66 ANTENNA WHEN EMPLOYED AT GRANGER ASSOCIATES ARE PRESENTLY OFFICERS AND EMPLOYEES OF TCI. ALTHOUGH THE INDIVIDUAL COMPONENTS HAVE BEEN TESTED AND PROVEN.

B-165402, DEC. 17, 1968

TO TECHNOLOGY FOR COMMUNICATIONS INTERNATIONAL (TCI):

WE REFER AGAIN TO YOUR TELEGRAM OF OCTOBER 8, 1968, AND SUBSEQUENT COMMUNICATIONS, PROTESTING AGAINST THE REFUSAL OF THE NAVAL SUPPLY CENTER, CHARLESTON, SOUTH CAROLINA, TO CONSIDER YOUR OFFER TO FURNISH THE ANTENNAS BEING PROCURED UNDER REQUEST FOR QUOTATIONS NO. N00612-69 Q-0045, WHICH RESTRICTED CONSIDERATION TO THE MODEL 747V-66 VERTICAL LOG-PERIODIC ANTENNA BUILT BY GRANGER ASSOCIATES.

WE HAVE BY OUR DECISION OF TODAY TO HY-GAIN ELECTRONICS CORPORATION, COPY ENCLOSED, DENIED A RELATED PROTEST AGAINST THIS PROCUREMENT ACTION. THE FACTS IN THAT DECISION ARE EQUALLY APPLICABLE TO THE PRESENT PROTEST, WE NEED NOT REPEAT THEM HERE. AND, TO THE EXTENT THAT THE CONCLUSIONS IN THAT DECISION ARE APPLICABLE TO YOUR PROTEST, THEY ARE SIMILARLY DISPOSITIVE OF THE PRESENT CASE.

HY-GAIN ARGUED THAT SINCE IT HAD PREVIOUSLY DEMONSTRATED THE ACCEPTABILITY OF ITS PRODUCT, NO UNDUE DELAY WOULD RESULT FROM THE CONSIDERATION OF ITS OFFER. WE CONCLUDED THAT BECAUSE HY-GAIN'S ANTENNA HAD NOT BEEN PREVIOUSLY EVALUATED TO THE EXTENT NECESSARY, AND THAT BECAUSE THIS PROCUREMENT WAS URGENT, NAVY WAS NOT REQUIRED TO CONSIDER HY- GAIN'S OFFER. YOUR PROTEST DIFFERS FROM HY-GAIN'S IN THAT YOU CONTEND THAT YOU ARE IN A POSITION TO PROVE ACCEPTABILITY OF TCI'S ANTENNA WITHIN THE TIME FRAME OF THIS URGENT PROCUREMENT. YOU OFFER TO SUPPLY THE NECESSARY STRUCTURAL ANALYSES, SITE PLANS, STUDIES AND OTHER TECHNICAL DOCUMENTATION REQUIRED WITHIN TWO WEEKS AFTER AWARD AND TO MEET OR EXCEED THE DELIVERY PROPOSED BY GRANGER ASSOCIATES. IN SUPPORT OF YOUR CONTENTION, YOU POINT OUT THAT THE ENGINEERING PERSONNEL RESPONSIBLE FOR THE DEVELOPMENT, DESIGN AND MANUFACTURE OF THE MODEL 747V-66 ANTENNA WHEN EMPLOYED AT GRANGER ASSOCIATES ARE PRESENTLY OFFICERS AND EMPLOYEES OF TCI.

THE RECORD SHOWS THAT THE CONTRACTING OFFICER MET WITH REPRESENTATIVES OF YOUR FIRM ON OCTOBER 10, 1968, TO DISCUSS THE ACCEPTABILITY OF TCI'S ANTENNA. ACCORDING TO THE GOVERNMENT'S MEMORANDUM OF THIS MEETING, TCI ADMITTED THAT IT HAS NEVER PRODUCED AN ANTENNA OF THE TYPE BEING PROCURED. ALSO, NO DEFENSE DEPARTMENT AGENCY HAS EVALUATED THE TECHNICAL CONCEPTS OF THIS ANTENNA. IN ADDITION, IT APPEARS THAT TCI HAS NEVER CONSTRUCTED A PROTO-TYPE ANTENNA OF THIS TYPE TO PROVE THE CONCEPT AND PERFORMANCE, ALTHOUGH THE INDIVIDUAL COMPONENTS HAVE BEEN TESTED AND PROVEN.

THE NAVY CONSIDERED THAT PROOF OF PERFORMANCE WHICH CAN ONLY BE OBTAINED THROUGH THE CONSTRUCTION AND OPERATION OF AT LEAST ONE ANTENNA WAS NECESSARY TO ESTABLISH THE FEASIBILITY OF TCI'S ANTENNA, AND IN THE ABSENCE OF SUCH PROOF, TCI'S PROPOSAL MUST BE REJECTED IN VIEW OF THE CRITICAL NEED FOR THE SUBJECT ANTENNAS. ACCORDINGLY, TCI'S OFFER WAS NOT GIVEN FURTHER CONSIDERATION, DESPITE THE APPARENT TECHNICAL COMPETENCE OF TCI'S ENGINEERS AND EMPLOYEES.

WE SEE NO REASON TO FAULT THE NAVY'S CONCLUSIONS HERE, BECAUSE THE URGENCY OF THIS PROCUREMENT IS SUCH THAT IT WOULD NOT ADMIT THE DELAYS WHICH ARE FREQUENTLY INCIDENT TO THE PURCHASE OF UNPROVEN ITEMS. FOR THIS REASON, AND FOR THOSE STATED IN THE DECISION TO HY-GAIN ELECTRONICS, YOUR PROTEST IS ACCORDINGLY DENIED.

Jan 14, 2021

Jan 13, 2021

Looking for more? Browse all our products here