B-157471, SEP. 28, 1965

B-157471: Sep 28, 1965

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TO MUNSTON ELECTRONIC MANUFACTURING CORP.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13. IT IS YOUR CONTENTION THAT THE SPECIFICATION FOR THE FURNISHING OF TYPE 1 EQUIPMENT REPAIR PARTS IS AMBIGUOUS IN THAT IT ALLOWS THE BIDDER TO SELECT THE PARTS TO BE FURNISHED. THAT NO LIST OF PARTS IS REQUIRED AND SUCH A PROCEDURE WILL CAUSE VARIATION OF BID PRICES AND WILL PREVENT THE CONTRACTING OFFICER FROM KNOWING EXACTLY UPON WHAT PARTS THE BID IS MADE. WAS ISSUED BY THE NAVY PURCHASING OFFICE AND SOLICITED BIDS FOR THE PROPOSED PROCUREMENT OF 325 ANTENNA MULTICOUPLERS. THE UNIT IS TO BE A COPY OF AN EXISTING MACHINE AND IS TO BE BUILT IN CONFORMANCE WITH DIAGRAMS AND DRAWINGS OF THE PRIOR MANUFACTURER.

B-157471, SEP. 28, 1965

TO MUNSTON ELECTRONIC MANUFACTURING CORP.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13, 1965, IN WHICH YOU PROTEST THE AWARD OF A CONTRACT UNDER NAVY INVITATION FOR BIDS NO. 600-930 -65 TO ANY OTHER BIDDER. IT IS YOUR CONTENTION THAT THE SPECIFICATION FOR THE FURNISHING OF TYPE 1 EQUIPMENT REPAIR PARTS IS AMBIGUOUS IN THAT IT ALLOWS THE BIDDER TO SELECT THE PARTS TO BE FURNISHED. YOU STATE, FURTHER, THAT NO LIST OF PARTS IS REQUIRED AND SUCH A PROCEDURE WILL CAUSE VARIATION OF BID PRICES AND WILL PREVENT THE CONTRACTING OFFICER FROM KNOWING EXACTLY UPON WHAT PARTS THE BID IS MADE.

THE INVITATION FOR BIDS, AS AMENDED, WAS ISSUED BY THE NAVY PURCHASING OFFICE AND SOLICITED BIDS FOR THE PROPOSED PROCUREMENT OF 325 ANTENNA MULTICOUPLERS, TOGETHER WITH 322 SETS OF EQUIPMENT REPAIR PARTS (TYPE 1), PROVISIONING TECHNICAL DOCUMENTATION, REVISIONS TO TECHNICAL MANUALS, CATALOG DATA AND MAINTENANCE REPAIR PARTS. THE UNIT IS TO BE A COPY OF AN EXISTING MACHINE AND IS TO BE BUILT IN CONFORMANCE WITH DIAGRAMS AND DRAWINGS OF THE PRIOR MANUFACTURER, WHICH DRAWINGS WERE MADE AVAILABLE TO THE PROSPECTIVE BIDDERS, AS WAS A SAMPLE MODEL. SECTION 2.0, DESCRIPTION OR SPECIFICATIONS, PROVIDES THAT ITEM 3 SHALL BE IN ACCORDANCE WITH MILITARY SPECIFICATION MIL-E 17362D. THE MILITARY SPECIFICATION CLASSIFIES TYPE 1 EQUIPMENT REPAIR PARTS AS ONLY "PARTS PECULIAR" AND FURTHER DEFINES THESE AS THOSE PARTS NOT LISTED IN THE NAVY STOCK LIST OF THE U.S. NAVY ELECTRONICS SUPPLY OFFICE.

A LIST OF THE COMPONENT PARTS OF THE UNIT AS WELL AS A NAVY STOCK LIST WAS ALSO AVAILABLE TO BIDDERS, SO THAT THE BIDDER COULD DETERMINE WHICH COMPONENTS ARE PECULIAR TO THE MACHINE AND WHICH ARE ORDINARILY STOCKED BY THE NAVY. AFTER SUCH DETERMINATION, PARAGRAPH 3.7.1 OF MILITARY SPECIFICATION MIL-E-17362D PROVIDES A REFERENCE TO ITS TABLE I, WHICH LISTS THE PARTS AND THE QUANTITY TO BE FURNISHED.

THAT PARAGRAPH ALSO PROVIDES FOR THE INCLUSION OF CERTAIN NECESSARY PARTS NOT SHOWN IN TABLE I, BUT ONLY IF CERTAIN RESTRICTIVE FACTORS ARE PRESENT. THERE IS LITTLE, IF ANY, AREA FOR CHOICE BY THE BIDDER. IN VIEW OF THESE CIRCUMSTANCES, WE FEEL THAT THE SPECIFICATIONS ARE NOT AMBIGUOUS, BUT ARE CLEAR AND DEFINITE ENOUGH TO ENABLE THE CONTRACTORS TO BID RESPONSIVELY WITHOUT FURNISHING A LIST OF EQUIPMENT REPAIR PARTS INCLUDED.

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