B-170789, AUG 12, 1971

B-170789, AUG 12, 1971

BID PROTEST - PURCHASE DESCRIPTION DECISION AFFIRMING PREVIOUS DENIALS OF A PROTEST BY FREE-FLOW PACKAGING CORPORATION UNDER AN IFB ISSUED BY THE DEFENSE ELECTRONICS SUPPLY CENTER. IT IS THE COMP. GEN.'S VIEW THAT PROTESTANT HAS PRESENTED NO NEW INFORMATION WHICH JUSTIFIES REVERSAL OF THE PREVIOUS DECISIONS.

TO FREE-FLOW PACKAGING CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 18, 1971, REQUESTING RECONSIDERATION OF OUR DECISION OF JUNE 16, 1971, B-170789, IN WHICH WE AFFIRMED AN EARLIER DECISION DENYING YOUR PROTEST UNDER INVITATION FOR BIDS NO. DSA900-71-B-0208, ISSUED BY THE DEFENSE ELECTRONICS SUPPLY CENTER, DAYTON, OHIO.

THE REQUEST FOR RECONSIDERATION IS BASED UPON YOUR CONTENTION THAT THE DECISION IS PREMISED UPON THE ERRONEOUS ASSUMPTIONS THAT THERE IS NO STANDARD FEDERAL PURCHASE DESCRIPTION FOR PACKAGING MATERIALS; THAT BECAUSE THERE IS NO STANDARD FEDERAL PURCHASE DESCRIPTION FOR POLYSTYRENE PACKING MATERIALS EACH AGENCY MUST WRITE ITS OWN REQUIREMENTS; THAT THE DESC PURCHASE DESCRIPTION IS BASED IN PART ON A REPORT OF A STUDY CONDUCTED IN 1970 BY THE GENERAL SERVICES ADMINISTRATION; THAT DESC'S USE OF A SPAGHETTI-STYLE POLYSTYRENE IS BASED ON A DESC PRIOR STUDY INDICATING THAT THE SMALLER SIZES OF POLYSTYRENE DO NOT PROVIDE THE SAME DEGREE OF RESISTANCE TO MIGRATION AS THE LONGER INTERLOCKING STRANDS; AND THAT THE SMALLER CONFIGURATIONS INCREASED SHIPPING COSTS BECAUSE MORE POUNDS OF DUNNAGE ARE NEEDED TO FILL A GIVEN SPACE.

IN REFUTATION OF THESE "ERRONEOUS ASSUMPTIONS," YOU STATE THAT THERE IS A PURCHASE DESCRIPTION FOR POLYSTYRENE FREE-FLOWING CUSHIONING MATERIAL, CITING GSA SPECIFICATION NO. 70-FMSX-TPO-002; THAT THE DESC PURCHASE DESCRIPTION WAS WRITTEN LONG BEFORE THE 1970 GSA REPORT; THAT YOU ARE NOT AWARE OF THE DESC "PRIOR STUDY" REFERRED TO, AND THAT THE FACTS ATTRIBUTED THERETO ARE CONTRARY TO TESTS BY MANY IN INDUSTRY AND OTHER GOVERNMENT AGENCIES, INCLUDING TOBYHANNA; AND THAT THE FREE FLOWING MATERIALS HAVE LIGHTER DENSITIES AND INVOLVE LESS SHIPPING COSTS AND LESS LABOR COSTS IN THEIR USE.

THE STATEMENT IN OUR DECISION CONCERNING THE LACK OF A STANDARD FEDERAL PURCHASE DESCRIPTION WAS MADE WITH REFERENCE TO THE PARTICULAR NEEDS OF DESC. WHILE THE GSA SPECIFICATION YOU CITE COVERS "FLOWABLE" MATERIAL, DESC'S REQUIREMENTS ARE FOR "LOOSE-FILL" RATHER THAN FREE FLOWING MATERIAL. IN THIS CONNECTION, DESC ADVISES THAT GSA IS NOW STOCKING POLYSTYRENE STRANDS UNDER SPECIFICATION NO. GSA-07-8135 211070, FSN-8135- 181-7833, AND THAT IT IS BEING REVIEWED FOR POSSIBLE USE.

OUR DECISION STATED THAT IT APPEARS THE DESC PURCHASE DESCRIPTION IS BASED IN PART ON A 1970 GSA REPORT. AS YOU INDICATE, THIS IS FACTUALLY INCORRECT. THE DESC PURCHASE DESCRIPTION, WHICH IS DATED SEPTEMBER 22, 1969, AS INCORPORATED IN THE SUBJECT INVITATION FOR BIDS ISSUED IN AUGUST 1970, WAS PREPARED PRIOR TO PUBLICATION OF THE REPORT COVERING THE TESTING CONDUCTED BY THE GSA AUBURN, WASHINGTON, OFFICE (WHICH TESTING WAS COMPLETED IN JUNE 1970 AND PUBLISHED IN SEPTEMBER 1970). DESC CITED ONE GSA REPORT AS SUBSTANTIATING THE DESC PURCHASE DESCRIPTION. AS INDICATED IN OUR DECISION, THE GSA REPORT CONFIRMS DESC'S POSITION THAT THE TYPE OF PACKAGING MATERIAL CALLED FOR UNDER ITS PURCHASE DESCRIPTION IS MORE COST EFFECTIVE AND PROVIDES THE NECESSARY CUSHIONING AND RESISTANCE TO MIGRATION.

YOU MENTION OUR REFERENCE TO "A PRIOR STUDY BY DESC" AS INDICATING THAT THE LONGER INTERLOCKING POLYSTYRENE STRANDS PROVIDE MORE RESISTANCE TO MIGRATION AND INVOLVES LESS SHIPPING COSTS. DESC ADVISES THAT THESE CONCLUSIONS ARE NOT BASED UPON A FORMAL STUDY OR REPORT "PER SE" BUT RATHER UPON MORE THAN FIVE YEARS OF EXPERIENCE IN THE USE OF DIFFERENT MATERIALS. IN THIS CONNECTION, DESC STATES THAT IT IS NOT AWARE OF THE CONTRARY TEST RESULTS BY MANY IN INDUSTRY AND OTHER GOVERNMENT AGENCIES, BUT THAT IT WILL REVIEW AND CONSIDER ANY INDUSTRY TESTS IDENTIFIED, AS WELL AS TOBYHANNA'S LATEST REPORT WHEN IT IS RELEASED.

IT IS OUR VIEW THAT YOU HAVE PRESENTED NO NEW INFORMATION WHICH JUSTIFIES REVERSAL OF OUR PRIOR DECISIONS. THEREFORE, THEY ARE AFFIRMED.