B-154041, JUL. 24, 1964

B-154041, JUL. 24, 1964

TO DRIAIRE, INCORPORATED:

WE REFER TO YOUR LETTER OF MAY 11, 1964, PROTESTING AGAINST THE SPECIFICATION USED BY THE DEPARTMENT OF THE AIR FORCE UNDER INVITATION FOR BIDS NO. 36-600-64-478, FOR PLUGS, HUMIDITY INDICATING AN 4061-12 MODIFIED.

THE INVITATION, ISSUED ON MARCH 10, 1964, AND OPENED ON APRIL 16, 1964, CALLED FOR BIDS ON 3,790 EACH PLUG DRIFTMETER DEHYDRATOR TO BE MANUFACTURED IN ACCORDANCE WITH USAF DRAWING 64C21011 DATED JANUARY 17, 1964. SEVEN BIDS WERE RECEIVED AS FOLLOWS:

TABLE

BIDDER TOTAL AMOUNT

FELSENTHAL INSTRUMENTS COMPANY $ 4,581.44

GILCO, INCORPORATED $ 8,525.90

DRIAIRE, INCORPORATED $10,247.00

INDUSTRIAL FITTING CORPORATION $10,574.10

BRISTOL DYNAMICS, INCORPORATED $21,284.60

ESTRICH AND COMPANY, INCORPORATED $21,807.10

DEVAL CORPORATION $56,646.30

YOU CONTEND THAT THIS REQUIREMENT IS ADEQUATELY COVERED BY MILITARY SPECIFICATION MIL-P-6131, WHEREAS THE USAF DRAWING 64C21011 ESSENTIALLY DESCRIBES A DOWNGRADED, OBSOLETE PRODUCT. ON THE OTHER HAND, AIR FORCE REPORTS THAT ITS SPECIFICATION WILL FULLY MEET ITS NEEDS, WHILE "MIL-P- 6131 IS IN FACT AN OVER-SPECIFICATION AND CONTAINS REQUIREMENTS THAT ARE REDUNDANT WITH RESPECT TO MANY OF THE INSPECTION REQUIREMENTS.'

ASPR 1-1202 (A) STATES THAT COORDINATED MILITARY SPECIFICATIONS ARE MANDATORY FOR USE EXCEPT AS PROVIDED IN ASPR 1-1202 (B). ASPR 1-1202 (D) PROVIDES, HOWEVER, THAT WHERE A MANDATORY SPECIFICATION IS FOUND TO BE INADEQUATE, IMMEDIATE ACTION SHOULD BE TAKEN TO EFFECT THE ISSUANCE OF AN AMENDMENT OR A REVISION IN ACCORDANCE WITH ESTABLISHED PROCEDURES TO OBVIATE THE NECESSITY FOR REPEATED DEPARTURES FROM THE SPECIFICATION; AND ASPR 1-1202 (C) PROVIDES THAT WHERE THE MANDATORY SPECIFICATION DOES NOT MEET THE PARTICULAR OR ESSENTIAL NEEDS, THEN (EXCEPT AS PROVIDED IN ASPR 1 -1202 (B), WHICH EXCEPTIONS DO NOT APPLY HERE) APPLICABLE INTERIM FEDERAL SPECIFICATIONS OR LIMITED COORDINATED MILITARY SPECIFICATIONS SHOULD BE USED.

AIR FORCE REPORTS THAT WHILE IT HAS NOT TAKEN ACTION "* * * TO MAKE AIR FORCE DRAWING 64C21011 INTO A GOVERNMENT SPECIFICATION IN COORDINATION WITH THE NAVY * * * THIS WILL BE DONE AND * * * MAY RESULT IN ADDING NAVY DOLLARS TO THE AIR FORCE DOLLARS ALREADY SAVED UNDER THE APPROPRIATE VALUE ENGINEERING PROJECT.' FURTHER, AIR FORCE STATES THAT THE ITEM DESCRIBED ON ITS DRAWING IS DIFFERENT FROM THE ITEM COVERED BY MIL-P-6131 IN THAT THE MILITARY SPECIFICATION IS NOT FUNCTIONALLY ADEQUATE FOR USE WITH THE B6A DRIFTMETER; THAT EACH TIME "FRIDEN P/N 600415 WAS PROCURED IT WAS REQUIRED THAT PLUG, DEHYDRATOR, DRI AIRE P/N 180 (AN 4061-12) BE MODIFIED; * * *" THAT "* * * IN PREVIOUS CONTRACTS FOR FRIDEN P/N 600415, DRI AIRE HAS SUPPLIED THE AIR FORCE WITH THEIR P/N S-116 WHICH IS NOT THE SAME ITEM AS DRI AIRE P/N 180 (AN 4061-12); * * *" AND THAT "DRI AIRE P/N 180 (AN 4061-12) WHICH MEETS THE REQUIREMENTS OF MIL-P-6131 IS NOT AFFECTED BY THE AIR FORCE DWG. 64C21011 * * *.'

BASED ON THE FOREGOING, INDICATING THAT AIR FORCE IS UNDERTAKING TO COORDINATE A SPECIFICATION THAT WILL COVER THIS REQUIREMENT IN THE FUTURE, AND THAT AIR FORCE DRAWING 64C21011 IS ADEQUATE FOR USE WITH THE B6A DRIFTMETER WHILE MIL-P-6131 IS NOT, WE MUST CONCLUDE THAT AWARD MAY PROPERLY BE MADE UNDER THE SPECIFICATION.