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B-143413, OCT. 20, 1960

B-143413 Oct 20, 1960
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INC.: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 6. THE ITEM TO BE FURNISHED WAS A BORING. WAS FOR THIS REASON THAT THE ADMINISTRATIVE OFFICE DETERMINED THAT THE SPECIFICATIONS WERE RESTRICTIVE OF COMPETITION AND INSTRUCTED THE PROCUREMENT OFFICE TO EVALUATE ALL BIDS ON THE BASIS OF GENERAL PERFORMANCE CHARACTERISTICS OF THE BRAND NAME SPECIFIED AND THE MINIMUM REQUIREMENTS OF THE GOVERNMENT. AS A RESULT THE AWARD WAS MADE TO DELAWARE VALLEY MACHINERY. YOU AGAIN ASSERT THAT THE MACHINE WHICH DELAWARE PROPOSED TO FURNISH DID NOT MEET THE SPECIFICATIONS SINCE THE SPINDLE DID NOT PROVIDE 72-INCH TRAVEL AND THAT THE CONTRACTING OFFICER WAS IN ERROR WHEN HE STATED THAT THE MACHINE HAD A FEATURE WHICH PERMITTED 72 INCHES OF DRILLING OR BORING BY MOVING THE TABLE.

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B-143413, OCT. 20, 1960

TO MACHINERY ASSOCIATES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 6, 1960, REQUESTING RECONSIDERATION OF OUR DECISION OF SEPTEMBER 29, 1960, REGARDING YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO DELAWARE VALLEY MACHINERY, INC., UNDER INVITATION NO. ORD-18-001-60-198 ISSUED BY THE PROCUREMENT OFFICE, ABERDEEN PROVING GROUND, MARYLAND.

THE ITEM TO BE FURNISHED WAS A BORING, DRILLING AND MILLING MACHINER IDENTIFIED AS A GIDDINGS AND LEWIS MODEL 350T MACHINER, OR EQUAL. THE DETAILED SPECIFICATIONS OF THE MACHINE AS CONTAINED IN PURCHASE DESCRIPTIONS FOLLOWED THE DIMENSIONAL SPECIFICATIONS OF THE BRAND OF MACHINE NAMED IN THE INVITATION AND WHICH YOU HAD PROPOSED TO FURNISH. WAS FOR THIS REASON THAT THE ADMINISTRATIVE OFFICE DETERMINED THAT THE SPECIFICATIONS WERE RESTRICTIVE OF COMPETITION AND INSTRUCTED THE PROCUREMENT OFFICE TO EVALUATE ALL BIDS ON THE BASIS OF GENERAL PERFORMANCE CHARACTERISTICS OF THE BRAND NAME SPECIFIED AND THE MINIMUM REQUIREMENTS OF THE GOVERNMENT. AS A RESULT THE AWARD WAS MADE TO DELAWARE VALLEY MACHINERY, INC.

IN YOUR LETTER OF OCTOBER 6, 1960, YOU AGAIN ASSERT THAT THE MACHINE WHICH DELAWARE PROPOSED TO FURNISH DID NOT MEET THE SPECIFICATIONS SINCE THE SPINDLE DID NOT PROVIDE 72-INCH TRAVEL AND THAT THE CONTRACTING OFFICER WAS IN ERROR WHEN HE STATED THAT THE MACHINE HAD A FEATURE WHICH PERMITTED 72 INCHES OF DRILLING OR BORING BY MOVING THE TABLE. YOU CITE SOME EXAMPLES OF WORK WHICH YOU ALLEGE CANNOT BE PERFORMED BY THE MACHINE DELAWARE OFFERED. ALSO, YOU STATE THAT YOU COULD HAVE FURNISHED A MACHINE COMPARABLE TO THE ONE PURCHASED FOR A PRICE LOWER THAN BID BY DELAWARE. FURTHERMORE, YOU INQUIRE AS TO HOW FUTURE PROCUREMENT OF MACHINE TOOLS IS TO BE HANDLED SINCE THE ADMINISTRATIVE OFFICE HAS INDICATED THAT CORRECTIVE ACTION HAS BEEN OR WILL BE TAKEN TO PREVENT A RECURRENCE OF THE MISTAKE MADE IN THIS CASE.

AS STATED IN OUR DECISION, THE ADMINISTRATIVE OFFICE HAS CONCEDED THAT THE SPECIFICATIONS WERE RESTRICTIVE OF COMPETITION IN THAT THE PURCHASE DESCRIPTION OBVIOUSLY DESCRIBED IN DETAIL A GIDDINGS AND LEWIS MODEL 350T MACHINE AND THAT CONFORMANCE TO ALL THE DETAILS WAS NOT NECESSARY IN ORDER TO PROCURE A MACHINE TO MEET THE NEEDS OF THE GOVERNMENT. WHETHER THE MACHINE WHICH DELAWARE PROPOSED TO FURNISH CAN SUCCESSFULLY PERFORM THE WORK DESCRIBED IN YOUR LETTER IS A MATTER WHICH WE ARE NOT IN A POSITION TO DETERMINE BUT NECESSARILY MUST BE DETERMINED BY QUALIFIED PERSONNEL OF THE ADMINISTRATIVE OFFICE. WITH REGARD TO THE NATURE OF THE CORRECTIVE ACTION PROPOSED TO BE TAKEN BY THE ADMINISTRATIVE OFFICE IN THE FUTURE PROCUREMENT OF MACHINE TOOLS, YOU MAY BE ADVISED THAT THE DRAFTING OF SPECIFICATIONS IS A MATTER PRIMARILY WITHIN THE JURISDICTION OF THE PROCURING AGENCY. ANY QUESTION AS TO THE PROPOSED ISSUANCE OF THE DEPARTMENT OF THE ARMY AS THE RECORD DOES NOT DISCLOSE THE EXACT NATURE OF THE CORRECTIVE MEASURE CONTEMPLATED BY THE DEPARTMENT.

SINCE WE HAD INFORMALLY ASCERTAINED THAT THE MACHINE HERE INVOLVED WOULD BE DELIVERED BY THE END OF SEPTEMBER, WE FELT THAT IT WOULD NOT BE PRACTICABLE TO REQUIRE THAT THE CONTRACT AWARDED TO DELAWARE BE CANCELED.

IN VIEW OF THE FOREGOING, THE DECISION OF SEPTEMBER 29, 1960, IS AFFIRMED.

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