B-189094, JULY 28, 1977

B-189094: Jul 28, 1977

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FIRM THAT SUBMITTED UNSOLICITED OFFER UNDER DLA SOLICITATION PROTESTS THAT DLA'S REQUEST FOR DATA REGARDING PROTESTER'S MANUFACTURING QUALIFICATIONS WAS UNNECESSARY. SINCE PROTESTER IS NOT LOW OFFEROR AND PRICE IS DETERMINING AWARD FACTOR. IS QUALIFIED TO MANUFACTURE ROTOR ASSEMBLIES BEING PROCURED UNDER SOLICITATION NO. 700-76-R-1346 WAS UNNECESSARY. WE HAVE BEEN ADVISED BY DLA THAT ITS REQUEST CAME AFTER RECEIPT OF AN UNSOLICITED OFFER FROM A.B. DLA ALSO STATES THAT A.B.'S OFFERED PRICE IS NOT LOW UNDER THE SOLICITATION. WERE A QUALIFIED MANUFACTURER.

B-189094, JULY 28, 1977

FIRM THAT SUBMITTED UNSOLICITED OFFER UNDER DLA SOLICITATION PROTESTS THAT DLA'S REQUEST FOR DATA REGARDING PROTESTER'S MANUFACTURING QUALIFICATIONS WAS UNNECESSARY. NO PURPOSE WOULD BE SERVED BY CONSIDERING PROTEST, SINCE PROTESTER IS NOT LOW OFFEROR AND PRICE IS DETERMINING AWARD FACTOR; THUS, PROTESTER WOULD NOT BE AWARDED CONTRACT EVEN IF QUALIFIED.

A.B. MACHINE WORKS, INC.:

A.B. MACHINE WORKS, INC. (A.B.), ARGUES THAT A REQUEST BY THE DEFENSE LOGISTICS AGENCY (DLA) TO SUBMIT MANUFACTURING DRAWINGS FOR THE PURPOSE OF DETERMINING WHETHER A.B. IS QUALIFIED TO MANUFACTURE ROTOR ASSEMBLIES BEING PROCURED UNDER SOLICITATION NO. 700-76-R-1346 WAS UNNECESSARY. A.B. CONTENDS THAT IT HAS ALREADY QUALIFIED TO MANUFACTURE THE ITEMS.

WE HAVE BEEN ADVISED BY DLA THAT ITS REQUEST CAME AFTER RECEIPT OF AN UNSOLICITED OFFER FROM A.B. TO SUPPLY THE REQUIREMENT. HOWEVER, DLA ALSO STATES THAT A.B.'S OFFERED PRICE IS NOT LOW UNDER THE SOLICITATION, WHICH PRESCRIBES PRICE AS THE DETERMINING AWARD FACTOR AND, THEREFORE, THAT EVEN IF A.B. WERE A QUALIFIED MANUFACTURER, IT WOULD NOT RECEIVE THE CONTRACT AWARD. IN THIS CONNECTION, DLA FURTHER ADVISES THAT IT HAS CONTINUED TO CONSIDER A.B.'S QUALIFICATION TO PRODUCE THE SUBJECT ROTOR ASSEMBLY FOR REFERENCE IN FUTURE PROCUREMENTS OF THE ITEM.

IN VIEW OF THE ABOVE, THERE WOULD BE NO PURPOSE IN CONSIDERING THE MATTER.

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