B-162073, OCT. 4, 1967
Highlights
THE PROPRIETY OF INCORPORATING BY REFERENCE A PROVISION REQUIRING BIDDERS NOT OFFERING BRAND NAME PRODUCT TO TAKE SPECIFIC AFFIRMATIVE ACTION IS QUESTIONED. IT IS SUGGESTED THAT CONSIDERATION BE GIVEN TO SETTING FORTH SUCH PROVISIONS. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE PROTESTING BIDDER DENYING ITS PROTEST. IT IS THEREFORE OUR SUGGESTION IN ORDER TO FACILITATE FULL AND FREE COMPETITION THAT CONSIDERATION BE GIVEN TO SETTING FORTH SUCH PROVISIONS.
B-162073, OCT. 4, 1967
BIDS - INCORPORATION OF MATERIAL BY REFERENCE DECISION TO DEFENSE SUPPLY AGENCY ON PROTEST BY NEW YORK FLUORESCENT MFG. CO. THE PROPRIETY OF INCORPORATING BY REFERENCE A PROVISION REQUIRING BIDDERS NOT OFFERING BRAND NAME PRODUCT TO TAKE SPECIFIC AFFIRMATIVE ACTION IS QUESTIONED. IT IS SUGGESTED THAT CONSIDERATION BE GIVEN TO SETTING FORTH SUCH PROVISIONS, EITHER IN FULL OR IN SUBSTANCE, TO FACILITATE FULL AND FREE COMPETITION.
TO GENERAL HEDLUND:
WE REFER TO THE LETTER OF AUGUST 4, 1967, WITH ENCLOSURES, FROM THE ASSISTANT COUNSEL, DEFENSE SUPPLY AGENCY, REFERENCE DSAH-G, IN CONNECTION WITH THE PROTEST FROM NEW YORK FLUORESCENT MANUFACTURING COMPANY, INCORPORATED, AGAINST THE REJECTION OF ITS BID UNDER INVITATION FOR BIDS NO. DSA-500-67-B-5352.
ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE PROTESTING BIDDER DENYING ITS PROTEST. HOWEVER, WE QUESTION THE PROPRIETY OF INCORPORATING BY REFERENCE A PROVISION REQUIRING BIDDERS NOT OFFERING THE BRAND NAME PRODUCT TO TAKE SPECIFIC AFFIRMATIVE ACTION. IT IS THEREFORE OUR SUGGESTION IN ORDER TO FACILITATE FULL AND FREE COMPETITION THAT CONSIDERATION BE GIVEN TO SETTING FORTH SUCH PROVISIONS, EITHER IN FULL OR IN SUBSTANCE, IN FUTURE INVITATIONS FOR BIDS.