B-176215, B-176282, OCT 18, 1972
Highlights
THE AGENCY PROVIDE WRITTEN ASSURANCE THAT THE DATA WILL BE USED ONLY FOR THE EVALUATION OF TYCO'S OFFERS IN ALL FUTURE PROCUREMENTS. IT IS NOT PROPER FOR GAO TO BECOME INVOLVED IN A PROCEDURE SUCH AS THAT SUGGESTED HERE. DSA400-72-R-7875 AND -7778 WAS PROPER SINCE YOU FAILED TO SUBMIT THE DATA AND DRAWINGS NECESSARY TO A DETERMINATION BY THE CONTRACTING ACTIVITY THAT THE TYCO ITEMS WERE EQUAL TO THE BRAND NAMES CITED IN THE SOLICITATIONS. YOU NOW AGREE TO SUBMIT SUCH REQUIRED DATA IF YOU RECEIVE WRITTEN ASSURANCE THAT IT WILL BE USED ONLY FOR EVALUATION OF YOUR OFFERS IN ALL FUTURE PROCUREMENTS. IT IS NOT PROPER FOR OUR OFFICE TO BECOME INVOLVED IN THE PROCEDURE SUGGESTED BY YOU. YOUR SUGGESTION IS ONE WHICH SHOULD BE CONSIDERED BY DGSC WITHOUT INTERFERENCE BY OUR OFFICE.
B-176215, B-176282, OCT 18, 1972
BID PROTEST - REQUIRED DATA - RESTRICTION ON USE - IMPROPER SUGGESTION DECISION DENYING A REQUEST BY TYCO THAT IN EXCHANGE FOR THEIR SUPPLYING CERTAIN DATA TO THE DEFENSE GENERAL SUPPLY CENTER, THE AGENCY PROVIDE WRITTEN ASSURANCE THAT THE DATA WILL BE USED ONLY FOR THE EVALUATION OF TYCO'S OFFERS IN ALL FUTURE PROCUREMENTS. IT IS NOT PROPER FOR GAO TO BECOME INVOLVED IN A PROCEDURE SUCH AS THAT SUGGESTED HERE; THE PROPOSAL SHOULD BE CONSIDERED BY DGSC WITHOUT INTERFERENCE FROM GAO.
TO TYCO:
WE REFER TO YOUR LETTERS OF AUGUST 23, 1972, REQUESTING RECONSIDERATION OF OUR DECISIONS B-176215 AND B-176282 OF AUGUST 21, 1972, WHERE WE HELD THAT THE REFUSAL BY THE DEFENSE GENERAL SUPPLY CENTER (DGSC), DEFENSE SUPPLY AGENCY, TO CONSIDER YOUR OFFERS UNDER REQUESTS FOR PROPOSALS NOS. DSA400-72-R-7875 AND -7778 WAS PROPER SINCE YOU FAILED TO SUBMIT THE DATA AND DRAWINGS NECESSARY TO A DETERMINATION BY THE CONTRACTING ACTIVITY THAT THE TYCO ITEMS WERE EQUAL TO THE BRAND NAMES CITED IN THE SOLICITATIONS. YOU NOW AGREE TO SUBMIT SUCH REQUIRED DATA IF YOU RECEIVE WRITTEN ASSURANCE THAT IT WILL BE USED ONLY FOR EVALUATION OF YOUR OFFERS IN ALL FUTURE PROCUREMENTS.
IT IS NOT PROPER FOR OUR OFFICE TO BECOME INVOLVED IN THE PROCEDURE SUGGESTED BY YOU. YOUR SUGGESTION IS ONE WHICH SHOULD BE CONSIDERED BY DGSC WITHOUT INTERFERENCE BY OUR OFFICE.