B-138859, SEP. 4, 1959
Highlights
AS IS NOTED IN THE LETTER. THE MATTER OF AIR FORCE HEAVY SNOWPLOW PROCUREMENT HAS BEEN UNDER CONSIDERATION FOR SEVERAL MONTHS DURING WHICH TIME NO CONTRACTS HAVE BEEN AWARDED IN CONNECTION WITH THE PROCUREMENT PROGRAM FOR THE FISCAL YEAR 1960. IT IS FURTHER POINTED OUT IN THE LETTER THAT AN URGENT REQUIREMENT EXISTS FOR SNOWPLOWS IN OPERATING LOCATIONS FOR USE DURING THE FORTHCOMING WINTER SEASON. IT IS PROPOSED TO PROCEED WITH SOLE SOURCE PROCUREMENT FROM THE OSHKOSH MOTOR TRUCK COMPANY OF SNOWPLOWS IN ACCORDANCE WITH THE SPECIFICATIONS ON WHICH BIDS WERE INVITED UNDER INVITATION NO. AS YOU WERE ADVISED IN OUR DECISION B 138859. IT IS OUR OPINION THAT THOSE SPECIFICATIONS ARE TOO RESTRICTIVE FOR USE FOR ADVERTISED PROCUREMENT UNLESS AND UNTIL YOU HAVE DETERMINED THAT THE SNOWPLOW TRUCK DRIVE SYSTEM USED BY THE WALTER MOTOR TRUCK COMPANY WILL NOT EQUALLY WELL MEET AIR FORCE SNOWPLOW TRUCK REQUIREMENTS.
B-138859, SEP. 4, 1959
TO THE SECRETARY OF THE AIR FORCE:
WE REFER TO A LETTER OF AUGUST 28, 1959, WITH ENCLOSURES, SIGNED BY THE ASSISTANT SECRETARY, REQUESTING OUR CONCURRENCE IN A PROPOSED PROCUREMENT OF SNOWPLOWS UNDER THE PUBLIC EXIGENCY EXCEPTION TO THE PUBLIC ADVERTISING REQUIREMENTS.
AS IS NOTED IN THE LETTER, THE MATTER OF AIR FORCE HEAVY SNOWPLOW PROCUREMENT HAS BEEN UNDER CONSIDERATION FOR SEVERAL MONTHS DURING WHICH TIME NO CONTRACTS HAVE BEEN AWARDED IN CONNECTION WITH THE PROCUREMENT PROGRAM FOR THE FISCAL YEAR 1960. SEE B-138859, AUGUST 18, 1959. IT IS FURTHER POINTED OUT IN THE LETTER THAT AN URGENT REQUIREMENT EXISTS FOR SNOWPLOWS IN OPERATING LOCATIONS FOR USE DURING THE FORTHCOMING WINTER SEASON. BECAUSE OF THE URGENT SITUATION, IT IS PROPOSED TO PROCEED WITH SOLE SOURCE PROCUREMENT FROM THE OSHKOSH MOTOR TRUCK COMPANY OF SNOWPLOWS IN ACCORDANCE WITH THE SPECIFICATIONS ON WHICH BIDS WERE INVITED UNDER INVITATION NO. DA-ENG-11-184-59-A-736 JD, ISSUED MAY 29, 1959. AS YOU WERE ADVISED IN OUR DECISION B 138859, DATED AUGUST 18, 1959, IT IS OUR OPINION THAT THOSE SPECIFICATIONS ARE TOO RESTRICTIVE FOR USE FOR ADVERTISED PROCUREMENT UNLESS AND UNTIL YOU HAVE DETERMINED THAT THE SNOWPLOW TRUCK DRIVE SYSTEM USED BY THE WALTER MOTOR TRUCK COMPANY WILL NOT EQUALLY WELL MEET AIR FORCE SNOWPLOW TRUCK REQUIREMENTS.
THE NECESSITY FOR PROCUREMENT OF SNOWPLOW IN TIME FOR USE DURING THE COMING WINTER IS APPARENT, AND WE DO NOT DISAGREE WITH YOUR POSITION THAT THIS NEED JUSTIFIES THE USE OF THE AUTHORITY GRANTED BY 10 U.S.C. 2304 (A) (2), PROVIDED A DETERMINATION AS TO THE EQUALITY OR NON-EQUALITY OF THE WALTER TRUCK CANNOT BE MADE IN TIME TO PERMIT PROCUREMENT BY ADVERTISING. HOWEVER, BE BELIEVE THAT THE PROPRIETY OF ANY DECISION AS TO THE QUANTITY OF SNOWPLOWS THUS TO BE PROCURED BY NEGOTIATIONS MUST DEPEND UPON THE TIME NECESSARY TO MAKE A DETERMINATION AS TO THE EQUALITY OF THE WALTER TRUCK. IN OTHER WORDS, WE BELIEVE THAT THE NUMBER OF SNOWPLOWS TO BE PROCURED BY NEGOTIATION SHOULD NOT EXCEED THOSE WHICH CAN BE DELIVERED BEFORE DELIVERIES COULD BEGIN UNDER AN ADVERTISED PROCUREMENT AFTER RESOLUTION OF THE QUESTION CONCERNING EQUALITY OF THE WALTER TRUCK, AND, OF COURSE, IN TIME TO BE OF USE DURING THE COMING WINTER.
THE QUESTION WHETHER THE OSHKOSH MOTOR TRUCK COMPANY IS THE ONLY SOUCE OF SUPPLY ABLE TO MEET SUCH DELIVERY REQUIREMENTS IS A MATTER FOR YOUR DETERMINATION IN ACCORDANCE WITH YOUR REGULATIONS, AND AS TO WHICH WE EXPRESS NO OPINION.