B-147248, DEC. 22, 1961
Highlights
INCORPORATED: REFERENCE IS MADE TO YOUR PROTEST OF SEPTEMBER 21. ON THE GROUNDS THAT SPECIFICATIONS FOR THOSE REQUESTS WERE NOT MADE AVAILABLE. THE DEPARTMENT OF THE AIR FORCE HAS REPORTED THAT THE REQUESTS FOR PROPOSALS WERE ISSUED BY THE DAYTON AIR FORCE DEPOT FOR CERTAIN TYPES OF VARIABLE NONLINEAR RESISTORS. THE REQUESTS REFERRED TO CERTAIN DRAWINGS AND STATED THEY WERE AVAILABLE FOR REVIEW ONLY BY CONTACTING THE BUYER. WHEN YOUR REPRESENTATIVE VISITED THE BUYER HE FOUND THE DRAWINGS WERE NOT AVAILABLE. HE WAS INFORMED THAT AN EXTENSION COULD NOT BE GIVEN. THE REQUESTS FOR PROPOSALS WERE CANCELLED AND INVITATION FOR BIDS NO. 33- 604-62-54 WAS ISSUED ON OCTOBER 25. ARRANGEMENTS WERE MADE TO INSURE THAT THE DRAWINGS WILL BE AVAILABLE FOR REVIEW BY PROSPECTIVE BIDDERS AT THE BUYER'S DESK AT ALL TIMES UP TO THE OPENING OF BIDS.
B-147248, DEC. 22, 1961
TO PRECISION LINE, INCORPORATED:
REFERENCE IS MADE TO YOUR PROTEST OF SEPTEMBER 21, 1961, AGAINST AWARD OF A CONTRACT UNDER REQUESTS FOR PROPOSALS NOS. 33-604-62-1585 AND 1586, ON THE GROUNDS THAT SPECIFICATIONS FOR THOSE REQUESTS WERE NOT MADE AVAILABLE.
THE DEPARTMENT OF THE AIR FORCE HAS REPORTED THAT THE REQUESTS FOR PROPOSALS WERE ISSUED BY THE DAYTON AIR FORCE DEPOT FOR CERTAIN TYPES OF VARIABLE NONLINEAR RESISTORS. THE REQUESTS REFERRED TO CERTAIN DRAWINGS AND STATED THEY WERE AVAILABLE FOR REVIEW ONLY BY CONTACTING THE BUYER. WHEN YOUR REPRESENTATIVE VISITED THE BUYER HE FOUND THE DRAWINGS WERE NOT AVAILABLE, HAVING BEEN LOANED TO ANOTHER PROSPECTIVE BIDDER TO BE COMMERCIALLY PHOTOGRAPHED. WHEN YOUR REPRESENTATIVE STATED HE COULD NOT RETURN AGAIN BEFORE THE TIME SPECIFIED FOR SUBMISSION OF PROPOSALS AND ASKED FOR AN EXTENSION, HE WAS INFORMED THAT AN EXTENSION COULD NOT BE GIVEN.
AFTER REVIEWING THESE CIRCUMSTANCES, THE DEPARTMENT OF THE AIR FORCE CONCLUDED THAT YOUR PROTEST HAD MERIT SINCE THE BUYER ERRED IN NOT HAVING THE DRAWINGS AVAILABLE FOR REVIEW WHEN YOUR REPRESENTATIVE CALLED. HOWEVER, SUBSEQUENT TO RECEIPT OF YOUR PROTEST, IT HAS BEEN DETERMINED THAT THIS REQUIREMENT CAN BE PROCURED BY FORMAL ADVERTISING. THEREFORE, THE REQUESTS FOR PROPOSALS WERE CANCELLED AND INVITATION FOR BIDS NO. 33- 604-62-54 WAS ISSUED ON OCTOBER 25, 1961, TO INCLUDE THE REQUIREMENTS OF BOTH REQUESTS FOR PROPOSALS. ARRANGEMENTS WERE MADE TO INSURE THAT THE DRAWINGS WILL BE AVAILABLE FOR REVIEW BY PROSPECTIVE BIDDERS AT THE BUYER'S DESK AT ALL TIMES UP TO THE OPENING OF BIDS.
ON THE RECORD BEFORE US, WE AGREE WITH THE CONCLUSION OF THE DEPARTMENT OF THE AIR FORCE THAT YOUR PROTEST HAD MERIT. THE DECISION TO CANCEL THE REQUESTS FOR PROPOSALS AND TO PROCURE THE REQUIREMENT BY FORMAL ADVERTISING IS A MATTER WITHIN THE DISCRETION OF THE ADMINISTRATIVE AGENCY. SINCE WE BELIEVE THAT THE BROADER OPPORTUNITY TO COMPETE THROUGH USE OF FORMAL ADVERTISING MAY GENERALLY BE EXPECTED TO RESULT IN LOWER PRICES WHEREVER FORMAL ADVERTISING IS PRACTICABLE, IT IS OUR OPINION THAT THE DECISION TO USE FORMAL ADVERTISING IN THIS CASE WAS IN THE BEST INTEREST OF THE GOVERNMENT.
THE ACTION TAKEN BY THE DEPARTMENT OF THE AIR FORCE HAS CORRECTED THE SITUATION AGAINST WHICH YOU PROTESTED. IN VIEW OF THE STEPS TAKEN TO INSURE AVAILABILITY OF THE DRAWINGS, WE FIND NO BASIS FOR OBJECTION TO THIS ACTION.