B-164800, JUL 16, 1971
Highlights
ARE RESTRICTIVE OF COMPETITION SINCE ONLY KINGSTON MANUFACTURING COMPANY CAN SUPPLY RACKS IS WITHOUT MERIT AS SHOWN BY AWARD TO OTHER THAN KINGSTON. TO NORTH AMERICAN EQUIPMENT CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF JUNE 24. ARE RESTRICTIVE OF COMPETITION SINCE ONLY KINGSTON MANUFACTURING COMPANY CAN SUPPLY RACKS WHICH MEET SPECIFICATION REQUIREMENTS. WE HAVE BEEN INFORMALLY ADVISED BY THE DEPARTMENT OF THE ARMY THAT MULTIPLE AWARDS FOR ITEMS 1 AND 2 HAVE BEEN MADE NOTWITHSTANDING YOUR PROTEST BECAUSE THE RACKS WERE URGENTLY NEEDED. THIS COURSE OF ACTION IS AUTHORIZED BY ARMED SERVICES PROCUREMENT REGULATION 2-407.8(B)(3). SINCE AWARDS WERE MADE TO FIRMS OTHER THAN KINGSTON MANUFACTURING COMPANY.
B-164800, JUL 16, 1971
BID PROTEST - RESTRICTION OF COMPETITION PROTEST THAT SPECIFICATIONS FOR GRAVITY FLOW STORAGE RACKS ISSUED BY THE DEPARTMENT OF THE ARMY, ARE RESTRICTIVE OF COMPETITION SINCE ONLY KINGSTON MANUFACTURING COMPANY CAN SUPPLY RACKS IS WITHOUT MERIT AS SHOWN BY AWARD TO OTHER THAN KINGSTON.
TO NORTH AMERICAN EQUIPMENT CORPORATION:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 24, 1971, PROTESTING THAT THE SPECIFICATIONS FOR GRAVITY FLOW STORAGE RACKS INVOLVED IN INVITATION FOR BIDS (IFB) NO. DABB09-71-B-0023, ARE RESTRICTIVE OF COMPETITION SINCE ONLY KINGSTON MANUFACTURING COMPANY CAN SUPPLY RACKS WHICH MEET SPECIFICATION REQUIREMENTS.
WE HAVE BEEN INFORMALLY ADVISED BY THE DEPARTMENT OF THE ARMY THAT MULTIPLE AWARDS FOR ITEMS 1 AND 2 HAVE BEEN MADE NOTWITHSTANDING YOUR PROTEST BECAUSE THE RACKS WERE URGENTLY NEEDED. THIS COURSE OF ACTION IS AUTHORIZED BY ARMED SERVICES PROCUREMENT REGULATION 2-407.8(B)(3). MOREOVER, SINCE AWARDS WERE MADE TO FIRMS OTHER THAN KINGSTON MANUFACTURING COMPANY, WHICH BID ONLY ON ITEM 1, IT WOULD NOT APPEAR THAT THE SPECIFICATIONS RESTRICTED COMPETITION. YOUR PROTEST APPEARS, THEREFORE, TO BE WITHOUT MERIT.
ACCORDINGLY, IT IS DENIED.