B-165738, APR. 9, 1969
Highlights
SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE LAW FIRM OF CROWLEY AND O-CONNOR. YOUR ATTENTION IS DIRECTED TO THE FACT THAT THE PROCUREMENT POLICY WITH RESPECT TO THE SERVICES IN QUESTION APPEARS TO HAVE BEEN ADOPTED BY THE AIR FORCE LOGISTICS COMMAND (AFLC) AS THE RESULT OF OBJECTION BY THE ENGINE MANUFACTURER TO THE USE OF ANY SOURCE OTHER THAN ITSELF OR A FIRM APPROVED BY SUCH MANUFACTURER. IT APPEARS THAT THE MANUFACTURER WILL BE ABLE TO RETAIN SOLE CONTROL OVER REPAIRS AND REPLACEMENTS OF PARTS FOR THE AIRCRAFT ENGINES FOR AN INDEFINITE PERIOD. WHILE SAAMA WAS APPARENTLY SATISFIED THAT THE PROTESTING OFFEROR WAS QUALIFIED TO REPAIR AT LEAST ONE OF THE SEALS. THE BASIS FOR QUESTIONING SAAMA'S SPECIFICATIONS WAS THE POSSESSION BY THE ENGINE MANUFACTURER OF PROPRIETARY SECRETS REGARDING THE MATERIALS AND PROCESSES FOR ACCOMPLISHING THE REPAIR OF THE SEALS.
B-165738, APR. 9, 1969
TO MR. SECRETARY:
ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE LAW FIRM OF CROWLEY AND O-CONNOR, ATTORNEYS FOR EDM OF TEXAS, INC., DENYING ITS PROTEST AGAINST A CONTEMPLATED RESTRICTED PROCUREMENT BY THE SAN ANTONIO AIR MATERIEL AREA (SAAMA) OF SERVICES FOR THE REPAIR AND REFURBISHMENT OF CARBON SEALS USED IN TF33 AND J57 AND OTHER JET AIRCRAFT ENGINES MANUFACTURED BY PRATT AND WHITNEY AIRCRAFT DIVISION, UNITED AIRCRAFT CORPORATION.
YOUR ATTENTION IS DIRECTED TO THE FACT THAT THE PROCUREMENT POLICY WITH RESPECT TO THE SERVICES IN QUESTION APPEARS TO HAVE BEEN ADOPTED BY THE AIR FORCE LOGISTICS COMMAND (AFLC) AS THE RESULT OF OBJECTION BY THE ENGINE MANUFACTURER TO THE USE OF ANY SOURCE OTHER THAN ITSELF OR A FIRM APPROVED BY SUCH MANUFACTURER. AS A CONSEQUENCE, IT APPEARS THAT THE MANUFACTURER WILL BE ABLE TO RETAIN SOLE CONTROL OVER REPAIRS AND REPLACEMENTS OF PARTS FOR THE AIRCRAFT ENGINES FOR AN INDEFINITE PERIOD. FURTHER, WHILE SAAMA WAS APPARENTLY SATISFIED THAT THE PROTESTING OFFEROR WAS QUALIFIED TO REPAIR AT LEAST ONE OF THE SEALS, THE BASIS FOR QUESTIONING SAAMA'S SPECIFICATIONS WAS THE POSSESSION BY THE ENGINE MANUFACTURER OF PROPRIETARY SECRETS REGARDING THE MATERIALS AND PROCESSES FOR ACCOMPLISHING THE REPAIR OF THE SEALS, WHICH INFORMATION WAS NOT KNOWN TO SAAMA OR, APPARENTLY, TO AFLC.
WE DO NOT BELIEVE THAT THE PERPETUATION OF A SOLE SOURCE OR UNDULY RESTRICTIVE PROCUREMENT PRACTICE FOR THESE REASONS IS CONTEMPLATED BY ARMED SERVICES PROCUREMENT REGULATION 1-313. WE THEREFORE RECOMMEND THAT ACTION BE TAKEN BY YOUR DEPARTMENT TO ACQUIRE ALL OF THE DATA AND INFORMATION ESSENTIAL TO THE FORMULATION OF ADEQUATE SPECIFICATIONS FOR REFURBISHMENT OF THE SEALS IN QUESTION, AND THAT THE DESIRABILITY OF BROADENING THE COMPETITION FOR SUCH SERVICES BE RECONSIDERED UNDER THE CRITERIA ESTABLISHED BY THAT REGULATION.
THE MATTER WAS THE SUBJECT OF A REPORT BY LETTER DATED MARCH 6, 1969, FROM THE DEPUTY CHIEF, PROCUREMENT OPERATIONS DIVISION, DIRECTORATE, PROCUREMENT POLICY, DCS/S-AND-L.THE FILE WHICH WAS FORWARDED WITH THE REPORT IS RETURNED.