B-148962, SEP. 4, 1962

B-148962, SEP. 4, 1962

TO THE SECRETARY OF THE ARMY:

UNDER DATE OF MAY 28, 1962, WE TRANSMITTED TO YOU THE PROTEST OF BRISTOL ELECTRONICS, INCORPORATED, AGAINST THE REJECTION OF ITS BIDS, WITH A REQUEST THAT A REPORT THEREON BE FURNISHED TO US TOGETHER WITH ANY COMMENTS YOU DESIRED TO MAKE. THE PARTICULAR PROTEST INVOLVED INVITATIONS FOR BIDS NOS. SC-36-039-62-371-A2 AND SC-36-039-62-169-A4, ISSUED BY THE UNITED STATES SIGNAL SUPPLY AGENCY AT PHILADELPHIA, PENNSYLVANIA.

IN RESPONSE TO OUR REQUEST THE OFFICE OF THE DEPUTY CHEMICALS OF STAFF FOR LOGISTICS TRANSMITTED WITH COVERING LETTER OF JUNE 27, 1962, A REPORT AND RELATED PAPERS WHICH DISCLOSE THAT THE REJECTIONS WERE PREDICATED UPON THE WITHDRAWAL OF CERTIFICATES OF COMPETENCY PREVIOUSLY ISSUED BY THE SMALL BUSINESS ADMINISTRATION. SINCE WE FELT THE BRISTOL PROTEST WAS, IN SUBSTANCE, A REQUEST FOR RECONSIDERATION OF THE REFERRED-TO WITHDRAWAL, THE MATTER WAS TRANSMITTED TO SBA WITH A REQUEST THAT IT BE GIVEN FURTHER CONSIDERATION IN THE LIGHT OF DOUBTS WHICH HAD ARISEN AS TO THE ACCURACY OF THE INFORMATION UPON WHICH THE WITHDRAWAL OF THE COC WAS BASED. RESPONSE THERETO WE WERE ADVISED IN LETTER OF AUGUST 15, 1962, FROM THE DEPUTY ADMINISTRATOR TO THE EFFECT THAT SBA'S WITHDRAWAL OF BRISTOL'S COC WAS ON THE ASSUMPTION THAT THE INFORMATION PREVIOUSLY FURNISHED SBA WAS CORRECT.

THE ADMINISTRATIVE REPORT STATES THAT THE GOVERNMENT CONTRIBUTED IN SOME INSTANCES TO THE DELAYS IN DELIVERY (PAGE 3 OF THE CONTRACTING OFFICER'S REPORT) AND THAT, UPON REVIEW, THE CONTRACTOR'S EVALUATION REPORT, PREPARED BY THE QUALITY ASSURANCE REPRESENTATIVE INVOLVED, WAS BASED UPON A "VERY SEVERE CRITERION," WHICH MIGHT CONTAIN A DIFFERENT CONCLUSION IF PRESENTLY EVALUATED. SEE ENCLOSURE 6A OF THE CONTRACTING OFFICER'S REPORT ON INVITATION FOR BIDS SC-36-039-62 371-A2.

IN VIEW OF THE FOREGOING, AND THE CONTENTIONS SET FORTH IN LETTERS OF JUNE 21 AND 22, 1962, FROM THE CORPORATION, COPIES ENCLOSED, AND HAVING REGARD FOR THE POSITION TAKEN BY SBA, WE ARE RETURNING THE FILE WITH THE SUGGESTION THAT THE SIGNAL SUPPLY AGENCY RE-EXAMINE THE MATTER. IF IT NOW BE DETERMINED, BECAUSE OF ADDITIONAL EVIDENCE OR OTHERWISE, THAT THE INFORMATION CONCERNING BRISTOL'S COMPETENCY WHICH WAS FURNISHED SBA WAS INCORRECT, WE BELIEVE THE SBA SHOULD BE SO ADVISED AND REQUESTED TO MAKE A DETERMINATION CONCERNING BRISTOL'S PRESENT COMPETENCY TO PERFORM THE PROPOSED CONTRACT UNDER INVITATION FOR BIDS NO. SC-36-039-62-169-A4.

IN THE CASE OF INVITATION FOR BIDS NO. SC-36-039-62-371-A2 AWARD WAS MADE ON MARCH 13, 1962, TO THE STANDARD WINDING COMPANY OF THENON SET-ASIDE QUANTITY OF 6,535 UNITS. AWARD OF THE SET-ASIDE QUANTITY OF 6,535 UNITS WAS ALSO MADE TO STANDARD WINDING ON MAY 21, 1962, AFTER NOTICE THAT SBA DECLINED TO CERTIFY BRISTOL'S CAPACITY AND CREDIT TO PERFORM THE SET-ASIDE CONTRACT. IN SUCH CIRCUMSTANCES, WE ARE OF THE OPINION THAT IT WOULD BE CONTRARY TO THE BEST INTERESTS OF THE GOVERNMENT TO TAKE ACTION LOOKING TOWARD CANCELLATION OF THE AWARD MADE.