B-161872, DEC. 18, 1967
Highlights
DENYING PROTEST AGAINST AIR FORCE SOLICITATION OF EMPENNAGE WORK STANDS ON BASIS THAT IT WAS IN VIOLATION OF CONTRACTOR'S RIGHTS AND 41 COMP. WHERE DESIGN AND PRODUCTION OF EMPENNAGE WORK STANDS RESULTED FROM FACTORS OTHER THAN RELEASE BY AIR FORCE OF PROTESTANT'S DRAWINGS (NAMELY KNOW-HOW OF COMMON EMPLOYEES) SOLICITATION ON BASIS OF DRAWINGS AND PHOTOGRAPHS ARE NOT SUBJECT TO OBJECTION. THE SECRETARY OF AIR FORCE WAS REQUESTED TO TAKE ACTION TO PREVENT THE ALLEGATION OF ERRONEOUS FACTS IN THE SUBMISSION OF ADMINISTRATIVE REPORTS ON BID PROTESTS. WE HAVE. WHERE IT IS ALLEGED "THAT THE AIRCRAFT EQUIPMENT COMPANY STAND WAS MANUFACTURED TO A TOOL DRAWING PRODUCED BY LOCKHEED- GEORGIA.'. THIS FACTUAL ALLEGATION PERMITTED THE CONCLUSION THAT THE FACTS IN QUESTION WERE COMPARABLE TO THE FACTS SET OUT IN OUR DECISION B-157652 OF JUNE 29.
B-161872, DEC. 18, 1967
BIDS - PROPRIETARY RIGHTS, ETC. - USE BY GOVERNMENT DECISION TO AIR CRAFTSMEN, INC., DENYING PROTEST AGAINST AIR FORCE SOLICITATION OF EMPENNAGE WORK STANDS ON BASIS THAT IT WAS IN VIOLATION OF CONTRACTOR'S RIGHTS AND 41 COMP. GEN. 148. WHERE DESIGN AND PRODUCTION OF EMPENNAGE WORK STANDS RESULTED FROM FACTORS OTHER THAN RELEASE BY AIR FORCE OF PROTESTANT'S DRAWINGS (NAMELY KNOW-HOW OF COMMON EMPLOYEES) SOLICITATION ON BASIS OF DRAWINGS AND PHOTOGRAPHS ARE NOT SUBJECT TO OBJECTION. THE SECRETARY OF AIR FORCE WAS REQUESTED TO TAKE ACTION TO PREVENT THE ALLEGATION OF ERRONEOUS FACTS IN THE SUBMISSION OF ADMINISTRATIVE REPORTS ON BID PROTESTS.
TO MR. SECRETARY:
WE REFER TO LETTERS OF AUGUST 17 AND NOVEMBER 13, 1967, WITH ENCLOSURES, YOUR REFERENCE AFSPPCA, IN RESPONSE TO OUR REQUEST FOR A REPORT ON THE PROTEST OF AIRCRAFTSMEN, INCORPORATED, OF MIAMI, FLORIDA, AGAINST THE ISSUANCE OF SOLICITATION NOS. F41608-67-R-F388 AND F41608 67-R-F646, BY THE DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF PROCUREMENT AND PRODUCTION, SAN ANTONIO AIR MATERIEL AREA, KELLY AIR FORCE BASE, TEXAS, TO PROCURE EMPENNAGE WORK STANDS.
WE HAVE, BY OUR DECISION OF TODAY, COPY ENCLOSED, DENIED THE PROTEST. PLEASE NOTE THAT THE AUGUST 17, 1967, LETTER CONTAINS AN ERRONEOUS FACTUAL STATEMENT IN PARAGRAPH 5, WHERE IT IS ALLEGED "THAT THE AIRCRAFT EQUIPMENT COMPANY STAND WAS MANUFACTURED TO A TOOL DRAWING PRODUCED BY LOCKHEED- GEORGIA.' THIS FACTUAL ALLEGATION PERMITTED THE CONCLUSION THAT THE FACTS IN QUESTION WERE COMPARABLE TO THE FACTS SET OUT IN OUR DECISION B-157652 OF JUNE 29, 1966, AND THAT, ACCORDINGLY, THE PROTEST SHOULD BE DENIED.
AFTER CONFERRING WITH COUNSEL FOR THE PROTESTING BIDDER, WE FELT FURTHER EXPLANATION OF THIS POINT WAS WARRANTED. IN RESPONSE TO OUR REQUEST OF OCTOBER 19, 1967, A LETTER OF NOVEMBER 13, 1967, CLARIFYING AND AMENDING THE EARLIER REPORT, WAS FURNISHED WHICH CONCLUDES THAT THE AIRCRAFT EQUIPMENT COMPANY STAND WAS NOT MANUFACTURED TO A TOOL DRAWING PRODUCED BY LOCKHEED-GEORGIA.
AS YOU KNOW, IT IS OUR POLICY IN RESOLVING FACTUAL DISPUTES TO PRESUME THE CORRECTNESS OF THE FACTS. THEREFORE, THE FACTUAL ERROR IN THE AUGUST 17, 1967, LETTER CONCERNS US. WE REQUEST THAT ACTION BE TAKEN TO INSURE, TO THE EXTENT PRACTICABLE, THE FACTUAL RELIABILITY OF FUTURE DEPARTMENT OF THE AIR FORCE REPORTS TO OUR OFFICE.