B-152618, FEB. 7, 1964
Highlights
TO ADVANCED EQUIPMENT COMPANY: REFERENCE IS MADE TO YOUR TELEGRAM DATED OCTOBER 3. THE DEPARTMENT OF THE AIR FORCE STATES THAT A REVIEW OF THIS PROCUREMENT ACTION REVEALS THAT THE INVITATION IS UNDULY RESTRICTIVE IN THAT THE REQUIREMENT FOR FRAMES TO BE SLOTTED THROUGHOUT THEIR ENTIRE HEIGHT ON 3 INCH CENTERS IS PECULIAR ONLY TO THE STURDI-BILT PRODUCT. IT IS ALSO REPORTED THAT SUFFICIENT DATA IS NOT PRESENTLY AVAILABLE TO DETERMINE THE RESTRICTIVENESS OF OTHER REQUIRED FEATURES SPECIFIED IN THE INVITATION. S 307-E IS A PATENTED ITEM. THAT IT IS INTEGRAL TO THE SELF-LOCKING DESIGN FEATURES OF DECKING AS SPECIFIED. THE RESTRICTIVENESS OF THE SPECIFICATION REQUIREMENT FOR 3 INCHES ON CENTER SLOTTING FOR FRAME MEMBERS IS IN OUR VIEW SUFFICIENT TO REQUIRE CANCELLATION OF THIS INVITATION.
B-152618, FEB. 7, 1964
TO ADVANCED EQUIPMENT COMPANY:
REFERENCE IS MADE TO YOUR TELEGRAM DATED OCTOBER 3, 1963, PROTESTING ON BEHALF OF SPEEDRACK, INC., AGAINST CERTAIN PROVISIONS IN INVITATION FOR BIDS NO. 49-642-64-18 ISSUED BY THE DEPARTMENT OF THE AIR FORCE AS BEING RESTRICTIVE.
IN A REPORT TO OUR OFFICE DATED JANUARY 14, 1964, THE DEPARTMENT OF THE AIR FORCE STATES THAT A REVIEW OF THIS PROCUREMENT ACTION REVEALS THAT THE INVITATION IS UNDULY RESTRICTIVE IN THAT THE REQUIREMENT FOR FRAMES TO BE SLOTTED THROUGHOUT THEIR ENTIRE HEIGHT ON 3 INCH CENTERS IS PECULIAR ONLY TO THE STURDI-BILT PRODUCT. IT IS ALSO REPORTED THAT SUFFICIENT DATA IS NOT PRESENTLY AVAILABLE TO DETERMINE THE RESTRICTIVENESS OF OTHER REQUIRED FEATURES SPECIFIED IN THE INVITATION. THE AIR FORCE NOTES THAT THE FLOATING WEDGE LOCK NO. S 307-E IS A PATENTED ITEM, AND THAT IT IS INTEGRAL TO THE SELF-LOCKING DESIGN FEATURES OF DECKING AS SPECIFIED. THIS, SAYS THE AIR FORCE, AS WELL AS THE SPECIFICATION REQUIREMENT FOR HOT DIP GALVANIZED FINISH, MAY BE FOUND ON FURTHER EXAMINATION TO BE PECULIAR ONLY TO THE STURDI BILT PRODUCT.
THE AIR FORCE REPORT CONCLUDES AS FOLLOWS:
"4. THE RESTRICTIVENESS OF THE SPECIFICATION REQUIREMENT FOR 3 INCHES ON CENTER SLOTTING FOR FRAME MEMBERS IS IN OUR VIEW SUFFICIENT TO REQUIRE CANCELLATION OF THIS INVITATION. IF THE ITEM IS STILL REQUIRED,SPECIFICATIONS PERMITTING FULL OPEN COMPETITION SHALL BE USED OR APPROPRIATE OTHER METHODS OF PROCUREMENT SHALL BE USED IF IT IS PROPERLY DETERMINED THAT THE MINIMUM REQUIREMENT OF THE GOVERNMENT IS AVAILABLE ONLY FROM ONE MANUFACTURER. ACCORDINGLY, ANDREWS AFB HAS BEEN INSTRUCTED TO CANCEL THE SUBJECT IFB. PRIOR TO FORMAL ADVERTISING OF THIS REQUIREMENT UNDER NEW SPECIFICATIONS A REVIEW OF INDUSTRY SOURCES WILL BE MADE TO DETERMINE THAT SOURCES CAPABLE OF FURNISHING WEDGE LOCKS, SELF- LOCKING DECK PLATE, AND THE GALVANIZED FINISH AS SPECIFIED IN THE INSTANT IFB ARE ADEQUATE TO ASSURE COMPETITION.'
IN VIEW OF THE ABOVE REPORT AND THE REMEDIAL ACTION TAKEN BY THE AIR FORCE IN THE MATTER, NO ACTION BY OUR OFFICE APPEARS TO BE REQUIRED. ARE THEREFORE CLOSING OUR FILES ON THE CASE AS OF TODAY.