B-145808, JUL. 19, 1961
Highlights
CONDUCTING ON THE JOB TRAINING FOR ALL PERSONNEL DESIGNATED BY THE OFFICER-IN-CHARGE OF THE UNIT TO WHICH THE EQUIPMENT IS ASSIGNED. "B. TECHNICIAN MUST BE A BONA FIDE EMPLOYEE OF THE CONTRACTOR FOR AT LEAST ONE YEAR PRIOR TO ACCEPTANCE BY THE GOVERNMENT AND MUST HAVE AT LEAST SIX (6) MONTHS EXPERIENCE ON THE EQUIPMENT.'. SUBSEQUENTLY WAS REDUCED TO SIX MONTHS. A SURVEY WAS MADE TO ASCERTAIN POSSIBLE PROSPECTIVE SOURCES OF SUPPLY. IT WAS DETERMINED THAT BOTH VIEWLEX AND YOUR FIRM WERE IN A POSITION TO SATISFY THE NEEDS OF THE GOVERNMENT AND IT WAS INTENDED THAT THE REQUEST FOR PROPOSALS WOULD BE SO BROAD AS TO PERMIT BOTH FIRMS TO QUALIFY UNDER IT. WE FAIL TO FIND ANY REQUIREMENT THAT THE CONTRACTOR HAVE .
B-145808, JUL. 19, 1961
TO MR. J. H. THOMPSON, CHICAGO AERIAL INDUSTRIES INCORPORATED:
IN LETTERS OF MAY 4 AND JUNE 26, 1961, YOU PROTESTED AGAINST THE AWARD OF A NEGOTIATED CONTRACT TO VIEWLEX, INC., UNDER RFP SC-36-039 61-10867-BA.
ARTICLE B OF THE REQUEST FOR PROPOSALS PROVIDED:
"A. THE CONTRACTOR SHALL FURNISH AND SUPPLY TO THE GOVERNMENT, TECHNICAL NON-PERSONAL CONTRACT FIELD TECHNICIAN SERVICES TO CONSIST OF PROVIDING ASSISTANCE IN THE FABRICATION, INSTALLATION, INITIAL OPERATION, MAINTENANCE AND EMERGENCY LOGISTICAL SUPPORT ON THE KA-30 (STILL PICTURE) CAMERA, AND ASSOCIATED TEST EQUIPMENT, AND OF CONDUCTING FORMAL COURSES OF INSTRUCTION ON ALL PHASES OF OPERATION AND MAINTENANCE, AND CONDUCTING ON THE JOB TRAINING FOR ALL PERSONNEL DESIGNATED BY THE OFFICER-IN-CHARGE OF THE UNIT TO WHICH THE EQUIPMENT IS ASSIGNED.
"B. TECHNICIAN MUST BE A BONA FIDE EMPLOYEE OF THE CONTRACTOR FOR AT LEAST ONE YEAR PRIOR TO ACCEPTANCE BY THE GOVERNMENT AND MUST HAVE AT LEAST SIX (6) MONTHS EXPERIENCE ON THE EQUIPMENT.'
THE ONE-YEAR REQUIREMENT SPECIFIED IN PARAGRAPH B. SUBSEQUENTLY WAS REDUCED TO SIX MONTHS.
YOU CONTEND THAT VIEWLEX DID NOT MEET THE EXPERIENCE REQUIREMENT SET FORTH ABOVE IN THAT AT THE TIME OF AWARD IT HAD NOT HAD SIX MONTHS "PRODUCTION" EXPERIENCE ON THE KA-30 CAMERA AND ASSOCIATED TEST EQUIPMENT.
PRIOR TO SOLICITATION UNDER THE SUBJECT REQUEST FOR PROPOSALS, A SURVEY WAS MADE TO ASCERTAIN POSSIBLE PROSPECTIVE SOURCES OF SUPPLY. BASED UPON ROUTINE INVESTIGATION, IT WAS DETERMINED THAT BOTH VIEWLEX AND YOUR FIRM WERE IN A POSITION TO SATISFY THE NEEDS OF THE GOVERNMENT AND IT WAS INTENDED THAT THE REQUEST FOR PROPOSALS WOULD BE SO BROAD AS TO PERMIT BOTH FIRMS TO QUALIFY UNDER IT.
TURNING OUR EXAMINATION TO ARTICLE B, WE FAIL TO FIND ANY REQUIREMENT THAT THE CONTRACTOR HAVE ,PRODUCTION" EXPERIENCE. THE REQUIREMENT ONLY IS THAT THE CONTRACTOR HAVE "SIX (6) MONTHS EXPERIENCE.' THE CONTRACTING OFFICER DETERMINED THAT THE EIGHT MONTHS EXPERIENCE VIEWLEX WOULD HAVE IN WORKING TO PRODUCE A KA-30 CAMERA UNDER CONTRACT AF 33/600/-42279, BY THE TIME THE SERVICE CONTRACT WAS TO COMMENCE, MET THE REQUIREMENT OF THE REQUEST FOR PROPOSALS. FURTHER THE CONTRACTING OFFICER STATED,"WITH RESPECT TO THE ABILITY OF VIEWLEX TO FURNISH SATISFACTORY PERFORMANCE, INCLUDING ASSOCIATED TEST EQUIPMENT REQUIREMENTS, ITS EXPERIENCE IN AERIAL CAMERAS AND ASSOCIATED TEST EQUIPMENT IS SUFFICIENTLY WELL ESTABLISHED TO ASSURE THAT IT IS QUALIFIED TO PERFORM THESE SERVICES.'
IN THE CIRCUMSTANCES, IT APPEARS THAT THE CONTRACTING OFFICER IS SATISFIED THAT VIEWLEX IS CAPABLE OF SUCCESSFULLY PERFORMING THE CONTRACT. ACCORDINGLY, WE DO NOT BELIEVE THAT IT WOULD BE PROPER FOR US TO INTERPOSE ANY OBJECTION TO THE AWARD THAT HAS BEEN MADE FOR THE SERVICE CONTRACT. SEE 39 COMP. GEN. 173.