B-187821, JUNE 17, 1977
Highlights
DECISION IS AFFIRMED. ZIEGLER ASSERTS THAT THE TECHNICAL SPECIFICATIONS STATED THAT THE EQUIPMENT "WILL BE SPECIFICALLY DESIGNED TO RUN AT 1200 RPM.". ZIEGLER REITERATES THAT ONLY IT WAS RESPONSIVE TO THIS REQUIREMENT. OUR PRIOR DECISION WAS BASED ON OUR VIEW THAT THE SOLICITATION WAS NOT WRITTEN IN A MANNER WHICH REQUIRED THAT A BIDDER OFFER ENGINES SPECIFICALLY DESIGNED TO OPERATE MOST EFFICIENTLY AT 1200 RPM. WE HAVE REEXAMINED THE SPECIFICATIONS. OUR PRIOR DECISION IS AFFIRMED.
B-187821, JUNE 17, 1977
WHERE REQUEST FOR RECONSIDERATION OF GAO DECISION FAILS TO CLEARLY DEMONSTRATE EITHER ERRORS OF FACT OR LAW, DECISION IS AFFIRMED.
ZIEGLER, INC.-- REQUEST FOR RECONSIDERATION:
ZIEGLER,INC. REQUESTS RECONSIDERATION OF OUR DECISION IN ZIEGLER, INC., B-187821, APRIL 25, 1977, 77-1 CPD 282, IN WHICH WE DENIED ITS PROTEST REGARDING FEDERAL AVIATION ADMINISTRATION'S (FAA) IFBS AC3B-T 0009 AND AC3B-T-0010, FOR ENGINE GENERATORS. IN MAKING ITS REQUEST, ZIEGLER ASSERTS THAT THE TECHNICAL SPECIFICATIONS STATED THAT THE EQUIPMENT "WILL BE SPECIFICALLY DESIGNED TO RUN AT 1200 RPM." ZIEGLER REITERATES THAT ONLY IT WAS RESPONSIVE TO THIS REQUIREMENT.
IN PART, OUR PRIOR DECISION WAS BASED ON OUR VIEW THAT THE SOLICITATION WAS NOT WRITTEN IN A MANNER WHICH REQUIRED THAT A BIDDER OFFER ENGINES SPECIFICALLY DESIGNED TO OPERATE MOST EFFICIENTLY AT 1200 RPM, PROVIDED THAT THE OFFERED EQUIPMENT WOULD OPERATE AT THAT SPEED AND WOULD MEET ALL OF THE FAA'S OPERATING REQUIREMENTS. WE HAVE REEXAMINED THE SPECIFICATIONS. THE LANGUAGE THE PROTESTER QUOTES TO SUPPORT ITS POSITION THAT THE EQUIPMENT BE "SPECIFICALLY DESIGNED" TO OPERATE AT 1200 RPM DOES NOT APPEAR IN THE SOLICITATION. MOREOVER, THE PROTESTER HAS NOT INDICATED WHERE THAT LANGUAGE APPEARS, ALTHOUGH WE REQUESTED THAT IT DO SO.
BECAUSE ZIEGLER HAS FAILED TO CLEARLY DEMONSTRATE ANY ERROR OF FACT OR LAW, OUR PRIOR DECISION IS AFFIRMED. VISOR BUILDERS, INC., B-185605, JULY 22, 1976, 76-2 CPD 68.