B-154956, JUN. 21, 1966

B-154956: Jun 21, 1966

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DEFENSE SUPPLY AGENCY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY ON A PROTEST BY ZERO MANUFACTURING CO. THIS MATTER WAS THE SUBJECT OF A REPORT FROM YOUR ASSISTANT COUNSEL. THE ENCLOSURES TO WHICH ARE RETURNED. ZERO'S CONTINUING ALLEGATIONS TO THE EFFECT THAT ANY SAVINGS REPRESENTED BY ROIS' LOW OFFERS IS ILLUSORY BECAUSE OF THE REAL COST INVOLVED IN CONTRACTOR DELAYS. THE APPARENT FACT THAT DSA HAS NO CURRENT COST INFORMATION ON THE TOOLING ROIS WAS REQUIRED TO FURNISH. WE THINK IT WOULD HAVE BEEN ESPECIALLY APPROPRIATE TO HAVE REQUIRED CERTIFIED COST DATA FOR CONTRACT DSA 120-3082. WE ASSUME THAT FUTURE PROCUREMENTS OF THESE ITEMS WILL BE ACCOMPLISHED BY FORMAL ADVERTISING. IF SUCH IS NOT THE CASE.

B-154956, JUN. 21, 1966

TO DIRECTOR, DEFENSE SUPPLY AGENCY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY ON A PROTEST BY ZERO MANUFACTURING CO. AGAINST THE AWARD OF CONTRACT DSA 120-3082 TO ROIS MANUFACTURING CO. THIS MATTER WAS THE SUBJECT OF A REPORT FROM YOUR ASSISTANT COUNSEL, DATED MAY 20, 1966, THE ENCLOSURES TO WHICH ARE RETURNED.

IN VIEW OF THE ADMINISTRATIVE ERRORS CONNECTED WITH CONTRACT DSA 2 10320, ZERO'S CONTINUING ALLEGATIONS TO THE EFFECT THAT ANY SAVINGS REPRESENTED BY ROIS' LOW OFFERS IS ILLUSORY BECAUSE OF THE REAL COST INVOLVED IN CONTRACTOR DELAYS, AND THE APPARENT FACT THAT DSA HAS NO CURRENT COST INFORMATION ON THE TOOLING ROIS WAS REQUIRED TO FURNISH, WE THINK IT WOULD HAVE BEEN ESPECIALLY APPROPRIATE TO HAVE REQUIRED CERTIFIED COST DATA FOR CONTRACT DSA 120-3082. WE ASSUME THAT FUTURE PROCUREMENTS OF THESE ITEMS WILL BE ACCOMPLISHED BY FORMAL ADVERTISING. HOWEVER, IF SUCH IS NOT THE CASE, WE SUGGEST THAT YOU CONSIDER INSTRUCTING THE PURCHASING ACTIVITY TO ATTEMPT TO OBTAIN COST DATA FOR THESE ITEMS.

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