B-171666, MAR 30, 1971
Highlights
IT SHOULD BE NOTED THAT BOTH THE VARIAN AND RCA ITEM ARE CROSS REFERENCED TO THE FEDERAL STOCK NUMBER REQUIRED BY THE RFP. THEREFORE CONCLUDES THAT THE PROTEST IS WITHOUT MERIT. THE CONTRACT WAS AWARDED TO RCA ON NOBEMBER 30. THAT THE EFFECT OF THE ITEM DESCRIPTION IS TO LIMIT ACCEPTABLE KLYSTRONS TO THOSE MADE BY YOUR FIRM. THE BASIS FOR THIS ALLEGATION IS THAT AN RCA PART NUMBER DRAWING. THAT NO OTHER PART NUMBERS ARE IDENTIFIED IN THE SOLICITATION AS ACCEPTABLE. 1971 (A COPY OF WHICH WAS FURNISHED YOU). RCA FIRST DESIGNATED ITS PRODUCT RCA 8811/VA-888E FROM THAT DATE UNTIL AUGUST 1970 WHEN IT WAS REDESIGNATED RCA 8811 FOLLOWING A VARIAN REQUEST THAT WE DO NOT USE THE VA-888E DESIGNATION.
B-171666, MAR 30, 1971
BID PROTEST DECISION DENYING PROTEST AGAINST AWARD OF CONTRACT TO RCA CORPORATION, LOWEST RESPONSIBLE BIDDER, UNDER AN RFP ISSUED BY THE OKLAHOMA CITY AIR MATERIAL AREA, TINKER AFB, OKLAHOMA, COVERING AN ESTIMATED QUANTITY OF KLYSTRONS FOR A RADAR SYSTEM. THE RFP IDENTIFIED THE NEEDED ITEMS BY FEDERAL STOCK NUMBER AND FURTHER SPECIFIED "VARIAN ASSOC P/N: VA888E OR RCA P/N 8354945-1." IT SHOULD BE NOTED THAT BOTH THE VARIAN AND RCA ITEM ARE CROSS REFERENCED TO THE FEDERAL STOCK NUMBER REQUIRED BY THE RFP; THE COMP. GEN. THEREFORE CONCLUDES THAT THE PROTEST IS WITHOUT MERIT.
TO VARIAN ASSOCIATES:
WE REFER TO YOUR LETTER OF MARCH 8, 1971, COMMENTING ON THE AIR FORCE'S ADMINISTRATIVE REPORT ON YOUR POST AWARD PROTEST AGAINST THE AWARD OF A CONTRACT TO RCA CORPORATION UNDER REQUEST FOR PROPOSALS NO. F34601-71-R- 1267, ISSUED BY THE OKLAHOMA CITY AIR MATERIEL AREA, TINKER AIR FORCE BASE, OKLAHOMA. THE CONTRACT WAS AWARDED TO RCA ON NOBEMBER 30, 1970, AS THE LOWEST RESPONSIBLE OFFEROR.
THE SUBJECT REQUEST FOR PROPOSALS COVERED AN ESTIMATED QUANTITY OF KLYSTRONS FOR THE AN/TRC-97A RADAR SYSTEM. THE ITEM DESCRIPTION IDENTIFIED THE KLYSTRON BY FEDERAL STOCK NUMBER AND FURTHER SPECIFIED "VARIAN ASSOC P/N: VA888E OR RCA P/N 8354945-1." YOUR LETTER OF MARCH 8, 1971, RENEWS THE ALLEGATION IN YOUR INITIAL PROTEST LETTER OF JANUARY 8, 1971, THAT THE EFFECT OF THE ITEM DESCRIPTION IS TO LIMIT ACCEPTABLE KLYSTRONS TO THOSE MADE BY YOUR FIRM. THE BASIS FOR THIS ALLEGATION IS THAT AN RCA PART NUMBER DRAWING, ISSUED IN JANUARY OF 1965, IDENTIFIES VARIAN AS THE ONLY VENDOR, SPECIFICALLY MENTIONING VARIAN PART NUMBER VA888E, AND THAT NO OTHER PART NUMBERS ARE IDENTIFIED IN THE SOLICITATION AS ACCEPTABLE.
WE BELIEVE THAT THE FOLLOWING EXCERPTS FROM RCA'S LETTER OF JANUARY 5, 1971 (A COPY OF WHICH WAS FURNISHED YOU), PLACES THE PROTEST IN PROPER PERSPECTIVE:
"TO EXPLAIN THE ITEM IDENTIFICATION HISTORY IT SHOULD BE NOTED THAT RCA ENTERED THE VA-888E MARKET IN 1968. RCA FIRST DESIGNATED ITS PRODUCT RCA 8811/VA-888E FROM THAT DATE UNTIL AUGUST 1970 WHEN IT WAS REDESIGNATED RCA 8811 FOLLOWING A VARIAN REQUEST THAT WE DO NOT USE THE VA-888E DESIGNATION. THE RCA PN8354945-1 IS ACCURATE BUT THE RCA 8811 DESIGNATION SHOULD BE USED TO ELIMINATE CONFUSION AS IT IS DIRECTLY INTERCHANGEABLE WITH THE VA-888E. ***
"SEVERAL OTHER RELEVANT FACTS ARE PRESENTED FOR YOUR CONSIDERATION:
"DOD CROSS REFERENCE LISTS DATED 1971, CROSS REFERENCE OF MANUFACTURERS PART NUMBER TO FEDERAL STOCK NUMBER SHOWS THAT RCA 8811/VA-888E OR PN8354945-1 AND VA-888E ARE BOTH CROSS REFERENCED TO FEDERAL STOCK NUMBER 5960-933-5765ZX. THE FSN 5960-933-5765 IS THE ITEM REQUIRED BY THE RFQ.
WE NOTE THAT THE RCA DRAWING SUBMITTED WITH YOUR LETTER OF JANUARY 8, 1971, WAS NOT A PART OF THE SOLICITATION. MOREOVER, YOUR LETTER OF MARCH 8 EXPRESSES AN AWARENESS OF THE REALITIES OF THE ..END :