B-151430, OCT. 2, 1963

B-151430, OCT. 2, 1963

TO THE SECRETARY OF THE AIR FORCE:

WE ARE ENCLOSING A COPY OF OUR LETTER OF TODAY TO J. M. BEACH MANUFACTURING COMPANY IN WHICH, BECAUSE OF DEVELOPMENTS SUBSEQUENT TO ITS PROTESTS UNDER IFB NOS. 41-608-63-430 AND -890 WE HAVE DECLINED TO PASS UPON THE MERITS OF SUCH PROTESTS.

IN VIEW OF THE FAILURE OF BOTH WALD RESEARCH, INC., AND SOUTH BAY MANUFACTURING COMPANY, INC., TO PERFORM THE CONTRACTS AWARDED UNDER INVITATION -430, TOGETHER WITH OUR UNDERSTANDING THAT THE INADEQUACY OF THE DRAWINGS WAS A FACTOR IN THE CANCELLATION OF SOUTH BAY'S CONTRACT, WE RECOMMEND THAT THE ADEQUACY OF THE DRAWINGS AGAIN BE REVIEWED BEFORE THEY ARE CONSIDERED FOR USE IN COMPETITIVE PROCUREMENT.

ALSO ENCLOSED IS A COPY OF A LETTER DATED JULY 10, 1963, FROM AIR LOGISTICS CORPORATION WHICH APPEARS TO CONTAIN INFORMATION PERTINENT TO THE GOVERNMENT'S RIGHT TO USE SUCH DRAWINGS FOR COMPETITIVE PROCUREMENT, AND WHICH DOES NOT APPEAR TO HAVE BEEN CONSIDERED BY THE CONTRACTING OFFICER IN THAT OFFICIAL'S STATEMENT ON THE PROTEST WHICH J. M. BEACH MANUFACTURING COMPANY SUBMITTED TO THE CONTRACTING ACTIVITY. (SEE ENCLOSED ATTACHMENT NO. 4 TO THE BEACH PROTEST). IN THE EVENT YOUR DEPARTMENT CONCLUDES THAT THE DRAWINGS ARE ADEQUATE FOR MANUFACTURING PURPOSES, WE RECOMMEND THAT A REVIEW BE CONDUCTED OF THE GOVERNMENT'S RIGHTS TO USE THE DRAWINGS FOR SUCH PURPOSES BEFORE THEY ARE AGAIN MADE THE BASIS FOR COMPETITIVE PROCUREMENT.

THE ENCLOSURES RECEIVED WITH THE REPORT DATED JULY 26, 1963, FROM THE CHIEF, PROCUREMENT ..END :