B-128694, JUN. 4, 1957

B-128694, JUN. 4, 1957

TO THE DETROIT DIESEL ENGINE DIVISION:

REFERENCE IS MADE TO OUR LETTER OF JANUARY 30, 1957, IN WHICH WE ADVISED THAT THE MATTER OF YOUR PROTEST TO THE SPECIFICATIONS OF INVITATIONS FOR BIDS NO. NBY-6457/56 HAD BEEN REFERRED TO THE ASSISTANT SECRETARY OF DEFENSE FOR SUPPLY AND LOGISTICS FOR A REPORT. THE REQUESTED REPORT DATED MAY 9, 1957, WAS RECEIVED BY US ON MAY 13 AND A COPY THEREOF IS ENCLOSED FOR YOUR INFORMATION.

IN REQUESTING THE REPORT, WE FURNISHED THE ASSISTANT SECRETARY OF DEFENSE WITH A COPY OF OUR LETTER OF DECEMBER 10, 1956, TO THE CHIEF, BUREAU OF YARDS AND DOCKS, REQUESTING A FURTHER REPORT IN THE MATTER. SAID LETTER WAS, IN PERTINENT PART, AS FOLLOWS:

"THE PROTESTANT HAS REPLIED TO THE DECISION BY LETTER OF OCTOBER 23, 1956, WHEREIN ATTENTION IS INVITED TO SPECIFICATION MIL-E-11276. IN THIS CONNECTION, THE PROTESTANT STATES THAT SINCE THE DETROIT DIESEL ENGINE DIVISION AND THE CORPS OF ENGINEERS, WHICH IS CHARGED WITH THE RESPONSIBILITY OF ENGINE SPECIFICATIONS AND THEIR QUALIFICATION UNDER SINGLE SERVICE PROCUREMENT POLICY, HAVE SPENT CONSIDERABLE MONEY ON THE QUALIFYING OF DIESEL ENGINES AND ALSO THE TESTING PROGRAMS, IT IS NOT UNDERSTOOD WHY OTHER BRANCHES OF THE SERVICE DO NOT TAKE ADVANTAGE OF THIS WORK.

"MILITARY SPECIFICATION MIL-E-11276A, DATED MAY 9, 1956 (SUPERSEDING MIL- E-11276/CE), JULY 17, 1951), RECITES THAT IT HAS BEEN APPROVED BY THE DEPARTMENT OF DEFENSE AND IS MANDATORY FOR USE BY THE DEPARTMENTS OF THE ARMY, THE NAVY AND THE AIR FORCE. UNDER THE HEAD "SCOPE," THE SPECIFICATION STATES:

" "1.1 THIS SPECIFICATION COVERS GENERAL REQUIREMENTS FOR INDUSTRIAL TYPE DIESEL ENGINES, CAPABLE OF CONTINUOUS OPERATION AT SPEEDS OF 1,200 RPM OR HIGHER.'

"FROM THIS STATEMENT, IT WOULD APPEAR THAT THE FEASIBILITY OF USING DIESEL ENGINES DESIGNED TO OPERATE AT SPEEDS OF 1,200 RPM OR HIGHER FOR INSTALLATIONS REQUIRING CONTINUOUS OPERATION HAS BEEN ESTABLISHED. VIEW THEREOF, AND OF THE MANDATORY NATURE OF THE SPECIFICATION, A FURTHER REPORT IS REQUESTED AS TO THE BASIS FOR THE RPM LIMITATION IN THE SUBJECT INVITATION. IF THE LIMITATION WAS REQUIRED BY THE DEPARTMENT OF THE AIR FORCE, THIS REQUEST MAY BE REFERRED TO THAT DEPARTMENT.'

THE CHIEF, BUREAU OF YARDS AND DOCKS, REPLIED TO THE ABOVE LETTER UNDER DATE OF JANUARY 8, 1957, IN SUBSTANCE AS INDICATED IN THE ENCLOSED COPY OF LETTER FROM THE ASSISTANT SECRETARY OF DEFENSE.

IT WILL BE SEEN THAT THE ASSISTANT SECRETARY OF DEFENSE FOR LOGISTICS--- TO WHOM THE ADMINISTRATION OF THE DEFENSE STANDARDIZATION PROGRAM IS SPECIFICALLY ASSIGNED BY DEPARTMENTAL REGULATIONS--- HAS STATED IN HIS LETTER THAT THE PURCHASE OF DIESEL ENGINES CONFORMING TO THE SPECIFICATIONS INVOLVED IS CONSIDERED TO BE MANDATORY ONLY INSOFAR AS THE PROCUREMENT OF DIESEL ENGINES FOR INDUSTRIAL USE IS CONCERNED, AND THAT DIESEL ENGINES PROCURED FOR POWER PLANTS THAT MUST BE DEPENDED UPON FOR THE CONTINUOUS YEAR-IN-YEAR-OUT PRIMARY SUPPLY OF ELECTRICAL ENERGY (AS IN THE CASE OF THE INSTANT PROCUREMENT) DO NOT COME WITHIN THIS CATEGORY.

SINCE THE INTERPRETATION THUS PLACED UPON THE SPECIFICATIONS IS NOT AN UNREASONABLE ONE, AND SINCE THE AGENCIES CONCERNED WITH THE PROCUREMENT APPEAR TO HAVE STIPULATED SPECIFICATIONS IN CONNECTION THEREWITH WHICH IN THEIR CONSIDERED OPINION WOULD BEST MEET THE NEEDS OF THE GOVERNMENT, AND THEY MAY NOT BE SAID TO BE UNDULY RESTRICTIVE, WE WOULD NOT BE WARRANTED IN FURTHER QUESTIONING THE ADMINISTRATIVE ACTION TAKEN IN THE MATTER.