B-142595, AUG. 10, 1960

B-142595, AUG. 10, 1960

TO SUN ELECTRIC CORPORATION:

WE HAVE YOUR LETTER OF JULY 27, 1960, WITH FURTHER REFERENCE TO YOUR PROTEST AGAINST THE AWARD OF A CONTRACT BY BROOKLEY AIR FORCE BASE UNDER INVITATION FOR BIDS NO. 01-601-60-1615, WHICH WAS DENIED BY OUR DECISION DATED JULY 25, 1960. YOU REFER TO THAT PORTION OF THE DECISION RESPECTING THE ALLEGEDLY RESTRICTIVE SPECIFICATION FOR A "VARIABLE RATIO V-BELT DRIVE," AND TO OUR STATEMENT THAT:

"HOWEVER, THE RECORD BEFORE US SHOWS THAT ALL BIDDERS UNDER THIS PROCUREMENT OBTAINED QUOTATIONS FROM U.S. ELECTRICAL MOTORS, INC., FOR THE MOTOR REQUIRED BY THE SPECIFICATIONS; THAT AT LEAST TWO OF THE 10 BIDDERS INDICATED THAT OTHER SOURCES COULD MANUFACTURE THE MOTOR, AND THAT ONE OF THE BIDDERS STATED THAT IT COULD MANUFACTURE THE MOTOR ITSELF.'

IN VIEW THEREOF, YOU REQUEST ADVICE AS TO THE NAMES OF THE COMPANIES WHO ARE REPUTED TO BE ABLE TO "MANUFACTURE THE MOTOR" AND THE NAME OF THE COMPANY THAT SAID IT COULD MANUFACTURE THE MOTOR ITSELF.

THE ABOVE-QUOTED STATEMENT WAS BASED UPON A DOCUMENTED FILE RECEIVED FROM THE AIR FORCE SPECIFICALLY RELATING TO YOUR PROTEST. INCLUDED WITHIN SUCH FILE WAS THE FOLLOWING INFORMATION CONCERNING THE SOURCES OF MANUFACTURE OF THE VARIABLE RATIO V-BELT DRIVE. UNDER DATE OF JUNE 1, 1960, AERO-TEST EQUIPMENT COMPANY, INC., ADVISED THE PROCUREMENT OFFICE THAT:

"* * * I HAVE BEEN ADVISED BY RELIANCE'S LOCAL REPRESENTATIVES THAT THE FACTORY HAS DEVELOPED A 75 H.P. V-BELT DRIVE AND AT PRESENT HAVE EIGHT OF THESE UNITS OUT ON TESTS; HOWEVER, IT WILL PROBABLY BE ANOTHER YEAR BEFORE THEY WILL BE PREPARED TO QUOTE THESE DRIVES IN LARGE QUANTITIES.

"THERE ARE SEVERAL OTHER SOURCES FOR V-BELT DRIVES SUCH AS LINK BELT, WORTHINGTON CORP., AND GENERAL ELECTRIC; HOWEVER, THE DRIVES WHICH THEY OFFER ARE OF THE INDUSTRIAL TYPE AND CANNOT APPROACH THE REQUIREMENTS OF MIL-T-6333.'

AN AIR FORCE MEMORANDUM RELATING TO THE SUBJECT PROCUREMENT STATES:

"* * * THE THOMAS' REGISTER, A WELL RECOGNIZED PUBLICATION WHICH LISTS MANUFACTURERS BY TYPE OF PRODUCT, SHOWS A LARGE NUMBER OF VARIABLE SPEED DRIVE MANUFACTURERS. SOME OF THEIR DESIGNS COULD EASILY BE ADAPTED TO USE IN THE GENERATOR TEST STANDS TO GIVE THE VARIABLE RATIO V-BELT DRIVE REQUIRED IN PARA 3.4.2, SPECIFICATION MIL T-6333. REEVES PULLEY COMPANY, A DIVISION OF THE RELIANCE MANUFACTURING COMPANY, HAS BEEN MAKING V-BELT DRIVES FOR MANY YEARS. OTHERS INCLUDING THE CLEVELAND WORM AND GEAR CO., SPEED SELECTOR, INC. AND LINK BELT MAKE OR CAN FURNISH VARIABLE DRIVES WHICH COULD BE ADAPTED TO VARIABLE RATIO V-BELT DRIVES. * * *"

IN A LETTER DATED MAY 31, 1960, FROM THE GENERAL ELECTRIC COMPANY TO THE UNITED MANUFACTURING COMPANY, IT WAS STATED:

"SUPPLEMENTING OUR PREVIOUS CONVERSATIONS, REGARDING V-BELT DRIVES FOR A2 GENERATOR TEST STANDS, THERE IS NO QUESTION BUT THAT THE GENERAL ELECTRIC COMPANY HAS THE CAPABILITY OF FURNISHING UNITS TO MEET THESE REQUIREMENTS.

"AS YOU KNOW WE HAVE DEVELOPED AND HAVE IN PRODUCTION V BELT DRIVES OF LESSER CAPACITY. HOWEVER, TO MANUFACTURE THESE DRIVES WITH CHARACTERISTICS REQUIRED FOR USE IN THE A2 STANDS WOULD REQUIRE ENGINEERING DESIGN AND DEVELOPMENT WORK.'

MOREOVER, BY LETTER DATED JUNE 2, 1960, FROM THE UNITED MANUFACTURING COMPANY DIVISION OF THE W. L. MAXSON CORPORATION, THE PROCUREMENT OFFICE WAS ADVISED THAT:

"* * * FURTHER, REEVES MAKES A VARIABLE RATIO DRIVE TRANSMISSION TO WHICH ANYONE CAN COUPLE AN INDUCTION MOTOR ON THE INPUT SIDE AND A SPEED INCREASER ON THE OUTPUT SIDE, THUS PROVIDING A DRIVE IN COMPLETE ACCORDANCE WITH SPECIFICATION MIL-T-6333. IN ADDITION U.S. ELECTRICAL MOTORS MANUFACTURES A COMPLETE TEST STAND DRIVE CONSISTING OF AN INDUCTION MOTOR, A VARIABLE RATIO V-BELT TRANSMISSION AND A SPEED INCREASER WITH GENERATOR MOUNTING BRACKET ALL PUT TOGETHER AS ONE INTEGRAL UNIT. TRUE, THIS DRIVE IS THE ONLY ONE THAT HAS THUS FAR BEEN USED ON AN A-2 GENERATOR TEST STAND - BUT THE SPECIFICATION MOST DEFINITELY DOES NOT RESTRICT USERS TO THIS DRIVE. IN FACT, U.S. ELECTRICAL MOTORS THEMSELVES MANUFACTURE A CONSIDERABLY LESS EXPENSIVE VARIABLE RATIO V-BELT DRIVE WITHOUT SPEED INCREASER AND GENERATOR MOUNTING BRACKET WHICH LESS EXPENSIVE DRIVE CAN BE UTILIZED WITH A SEPARATE SPEED INCREASER UNIT OF ANOTHER MANUFACTURER AND THE COMBINATION WILL MEET SPECIFICATION MIL-T-6333 IN EVERY RESPECT. * *

WE, THEREFORE, REMAIN OF THE OPINION THAT THE SPECIFICATION WAS NOT RESTRICTIVE OF COMPETITION.