B-143661, OCT. 11, 1960
Highlights
TO ARNDT AND DAY: REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 2 AND 13. WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE ARMY THAT THE SIGNAL CORPS HAS RE-EVALUATED ITS REQUIREMENTS FOR THE CABLE LAYERS COVERED BY THE INVITATION AND HAS DETERMINED THAT IT WAS IN THE BEST INTERESTS OF THE GOVERNMENT TO CANCEL THE REQUIREMENT. THERE IS QUOTED BELOW THE JUSTIFICATION FOR CANCELLATION OF THE PROCUREMENT. "1. UNDERGROUND LC-236/) (MT HAS REVEALED THAT CABLE LAYERS ARE IN 70 PERCENT SUPPLY OF THE ACTIVE ARMY'S REQUIREMENT. WHILE OTHER ITEMS OF A HIGHER PRIORITY ARE ONLY IN A 20 PERCENT SUPPLY OF POSITION. IS UNRELATED TO THE PROTEST. THE DECISION WAS ARRIVED AT INDEPENDENTLY BY THAT BRANCH. IT IS APPROPRIATE TO POINT OUT THAT THE IMPORT OF OUR DECISION OF AUGUST 12.
B-143661, OCT. 11, 1960
TO ARNDT AND DAY:
REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 2 AND 13, 1960, REQUESTING, ON BEHALF OF THE FARMERS TOOL AND SUPPLY CORP., RECONSIDERATION OF OUR DECISION B-143661 DATED AUGUST 12, 1960, WHEREIN WE HELD, FOR THE REASONS STATED THEREIN, THAT THE LATE BID OF YOUR CLIENT SHOULD NOT BE CONSIDERED FOR AWARD UNDER INVITATION FOR BIDS NO. SC-36-039 -60-673-B4.
WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE ARMY THAT THE SIGNAL CORPS HAS RE-EVALUATED ITS REQUIREMENTS FOR THE CABLE LAYERS COVERED BY THE INVITATION AND HAS DETERMINED THAT IT WAS IN THE BEST INTERESTS OF THE GOVERNMENT TO CANCEL THE REQUIREMENT. IN ORDER THAT YOU MIGHT BE APPRISED AS TO THE BASES FOR SUCH DETERMINATION, THERE IS QUOTED BELOW THE JUSTIFICATION FOR CANCELLATION OF THE PROCUREMENT.
"1. THE MATERIEL MANAGEMENT BRANCH, P AND D DIVISION, OCSIG0, HAS INFORMED THE CONTRACTING OFFICER THAT A REEVALUATION OF THE REQUIREMENT FOR 20 EACH, CABLE LAYER, UNDERGROUND LC-236/) (MT HAS REVEALED THAT CABLE LAYERS ARE IN 70 PERCENT SUPPLY OF THE ACTIVE ARMY'S REQUIREMENT, WHILE OTHER ITEMS OF A HIGHER PRIORITY ARE ONLY IN A 20 PERCENT SUPPLY OF POSITION; AND, ALSO, IN VIEW OF THE UNANTICIPATED DEMAND FOR FISCAL YEAR 1961 FUNDS WITH WHICH TO PROCURE HIGHER PRIORITY ITEMS, THE PROCUREMENT DIRECTIVE HAS BEEN CANCELLED AND THE REQUIREMENT FOR CABLE LAYERS HAS BEEN DEFERRED UNTIL FISCAL YEAR 1962.
"2. THIS ACTION BY THE MATERIEL MANAGEMENT BRANCH, WHILE PROVIDING A SOLUTION TO THE EXISTING PROBLEM WITH THE ENTWISTLE MANUFACTURING CORPORATION, IS UNRELATED TO THE PROTEST, AND THE DECISION WAS ARRIVED AT INDEPENDENTLY BY THAT BRANCH. THE MATERIEL MANAGEMENT BRANCH FURTHER ADVISES THAT HAD THE COMPTROLLER GENERAL RULED IN FAVOR OF FARMERS TOOL AND SUPPLY CORPORATION UNDER IFB SC 36-039-60-673-B4, THEIR DECISION TO DEFER THIS REQUIREMENT WOULD BE THE SAME.'
ACCORDINGLY, NO USEFUL PURPOSE WOULD BE SERVED AT THIS TIME BY RECONSIDERATION OF OUR DECISION. HOWEVER, IT IS APPROPRIATE TO POINT OUT THAT THE IMPORT OF OUR DECISION OF AUGUST 12, 1960, WAS AFFIRMED BY DECISION B-143772 DATED SEPTEMBER 1, 1960, COPY HEREWITH.