B-157973, FEB. 9, 1966
Highlights
TO THE SECRETARY OF COMMERCE: REFERENCE IS MADE TO A LETTER DATED DECEMBER 10. UPON WHICH THE CONTRACT WAS BASED. PROTESTANT HAS COMPLAINED THAT AWARD TO HUBER CORPORATION VIOLATES THE INJUNCTION IN PARAGRAPH 3.1 APPEARING ON PAGE TWO OF THE SPECIFICATION TO THE EFFECT THAT BIDS ARE TO BE PREDICATED UPON FURNISHING STANDARD PRODUCTION MODELS "UNLESS OTHERWISE SPECIFIED.'. IT IS SUGGESTED THAT IN ANY FUTURE PROCUREMENT UTILIZING NONROUTINE SPECIFICATIONS. THE INVITATION CLEARLY STATE IN THE SCHEDULE THAT NONSTANDARD MODELS WILL BE ACCEPTABLE. A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST IS ENCLOSED FOR YOUR CONVENIENCE.
B-157973, FEB. 9, 1966
TO THE SECRETARY OF COMMERCE:
REFERENCE IS MADE TO A LETTER DATED DECEMBER 10, 1965, YOUR DESIGNATION 34-62, SIGNED BY MR. H. G. GALE, CHIEF, PROCUREMENT BRANCH, BUREAU OF PUBLIC ROADS, FORWARDING A REPORT ON THE PROTEST OF LETOURNEAU- WESTINGHOUSE COMPANY AGAINST THE AWARD OF CONTRACT NO. CPR 11-3361 TO HUBER CORPORATION.
INVITATION FOR BIDS NO. 66-24 ISSUED SEPTEMBER 30, 1965, UPON WHICH THE CONTRACT WAS BASED, SOLICITED BIDS TO SUPPLY MOTORIZED ROAD GRADERS FALLING BETWEEN SIZE G-3 AND G-4 AS DEFINED BY FEDERAL SPECIFICATION 00-G- 630B, EDITION OF SEPTEMBER 30, 1964. PROTESTANT HAS COMPLAINED THAT AWARD TO HUBER CORPORATION VIOLATES THE INJUNCTION IN PARAGRAPH 3.1 APPEARING ON PAGE TWO OF THE SPECIFICATION TO THE EFFECT THAT BIDS ARE TO BE PREDICATED UPON FURNISHING STANDARD PRODUCTION MODELS "UNLESS OTHERWISE SPECIFIED.' ALTHOUGH THE INVITATION IN QUESTION SETS FORTH MANY INDICATIONS OF THE GOVERNMENT'S WILLINGNESS TO ACCEPT NONSTANDARD MACHINES, AND THE BUREAU PROBABLY DID NOT KNOW IN ADVANCE THAT THE SUCCESSFUL BID WOULD BE PREDICATED UPON AN UNUSUAL VEHICULAR CONFIGURATION, IT IS SUGGESTED THAT IN ANY FUTURE PROCUREMENT UTILIZING NONROUTINE SPECIFICATIONS, THE INVITATION CLEARLY STATE IN THE SCHEDULE THAT NONSTANDARD MODELS WILL BE ACCEPTABLE.
A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST IS ENCLOSED FOR YOUR CONVENIENCE.