B-163897, JUN. 25, 1968
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 25. ARE RESTRICTIVE OF COMPETITION. BIDS WERE INVITED ON A FIRST ARTICLE APPROVAL BASIS FOR INCREMENTAL QUANTITIES OF 10 THROUGH 29. FOUR RESPONSIVE BIDS WERE RECEIVED RANGING IN PRICE FROM $8. YOUR FIRM DID NOT BID APPARENTLY BECAUSE YOU FELT THAT THE SPECIFICATIONS WERE RESTRICTIVE. WE HAVE BEEN ADVISED BY THE ADMINISTRATIVE OFFICE THAT THE HEADQUARTERS. HAS CONDUCTED A PRELIMINARY STUDY OF THE QUESTIONS RAISED BY YOU AND HAS DETERMINED THAT REASSESSMENT OF THE SPECIFICATION DESCRIBING THE EQUIPMENT IS WARRANTED. THE PROJECT WILL INCLUDE EVALUATION OF YOUR ALLEGATIONS CONCERNING THE USE OF A DIFFERENT TYPE OF A HIGHER FREQUENCY IN ULTRASONIC CLEANERS.
B-163897, JUN. 25, 1968
TO DELTA SONICS, INC.:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 25, 1968, FILE REFERENCE 151, PROTESTING THAT THE SPECIFICATIONS UNDER INVITATION FOR BIDS NO. F41608-68-B-1018, ISSUED BY KELLY AIR FORCE BASE, ARE RESTRICTIVE OF COMPETITION.
THE INVITATION SOLICITED BIDS FOR FURNISHING ULTRASONIC FILTER ELEMENT CLEANERS IN ACCORDANCE WITH PURCHASE DESCRIPTION SANE NO. 50A DATED OCTOBER 26, 1965, AS AMENDED. BIDS WERE INVITED ON A FIRST ARTICLE APPROVAL BASIS FOR INCREMENTAL QUANTITIES OF 10 THROUGH 29. FOUR RESPONSIVE BIDS WERE RECEIVED RANGING IN PRICE FROM $8,734 TO $11,315. YOUR FIRM DID NOT BID APPARENTLY BECAUSE YOU FELT THAT THE SPECIFICATIONS WERE RESTRICTIVE.
WE HAVE BEEN ADVISED BY THE ADMINISTRATIVE OFFICE THAT THE HEADQUARTERS, AIR FORCE LOGISTICS COMMAND, HAS CONDUCTED A PRELIMINARY STUDY OF THE QUESTIONS RAISED BY YOU AND HAS DETERMINED THAT REASSESSMENT OF THE SPECIFICATION DESCRIBING THE EQUIPMENT IS WARRANTED. THAT COMMAND HAS ESTABLISHED A PROJECT TO INVESTIGATE AND REASSESS THE GOVERNMENT'S TECHNICAL REQUIREMENTS FOR THE EQUIPMENT. THE PROJECT WILL INCLUDE EVALUATION OF YOUR ALLEGATIONS CONCERNING THE USE OF A DIFFERENT TYPE OF A HIGHER FREQUENCY IN ULTRASONIC CLEANERS. IT IS BELIEVED BY THE ADMINISTRATIVE OFFICE THAT A REVISED SPECIFICATION SETTING FORTH THE GOVERNMENT'S MINIMUM NEEDS FOR THE TYPE OF ULTRASONIC CLEANERS MAY RESULT FROM THE PROJECT. UNTIL THIS ACTION IS COMPLETED, FURTHER PROCUREMENT OF THE EQUIPMENT IS NOT CONTEMPLATED EXCEPT FOR EQUIPMENTS URGENTLY REQUIRED SUCH AS EQUIPMENTS NEEDED TO SUPPORT SOUTHEAST ASIA REQUIREMENTS. SINCE THE ISSUANCE OF THE INVITATION THE NEED FOR 18 OF THE CLEANERS HAS BECOME URGENT AND IT HAS BEEN DETERMINED THAT THEIR DELIVERY CANNOT BE DELAYED FOR THE TIME REQUIRED TO ACCOMPLISH FIRST ARTICLE APPROVAL. IN VIEW THEREOF, THE INSTANT INVITATION HAS BEEN CANCELED SINCE IT NO LONGER SETS FORTH THE GOVERNMENT'S REQUIREMENTS.
WE HAVE BEEN ADVISED FURTHER THAT A NEW SOLICITATION HAS BEEN ISSUED SETTING FORTH THE URGENT CURRENT GOVERNMENT REQUIREMENT FOR 18 ULTRASONIC CLEANERS. WE ALSO HAVE BEEN INFORMED THAT SINCE ONLY THE BENDIX CORPORATION CAN MEET THE FIRST ARTICLE APPROVAL AND MAKE DELIVERY AS REQUIRED A CONTRACT WILL BE NEGOTIATED WITH THAT COMPANY.
IN VIEW OF THE ADMINISTRATIVE ACTION TAKEN IN THE MATTER WE BELIEVE THAT FURTHER ACTION BY OUR OFFICE IS UNNECESSARY.