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TO THE YALE AND TOWNE MANUFACTURING COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16. WERE RESTRICTIVE AND DESIGNED FOR ONE MANUFACTURER. THE RECORD BEFORE US DISCLOSES THAT THE LOCK SPECIALIST WAS GIVEN A LOCK THAT WAS DISASSEMBLED AND WAS REQUESTED TO ASSEMBLE IT WITHOUT BEING FURNISHED EITHER WRITTEN OR ORAL INSTRUCTIONS. HE DID NOT KNOW THAT THE WASHERS WERE REVERSED UNTIL SO INFORMED BY YOUR REPRESENTATIVE. ADVISES THAT WHEN COMBINATIONS ARE BEING SET ON ANY SAFE CONTAINER NO UNAUTHORIZED PERSONNEL ARE PERMITTED TO BE NEAR. BRYSON THAT THE SECURITY OFFICER ADVISED HIM THAT YOUR LOCK WAS ACCEPTABLE. BRYSON WAS A STATEMENT MADE TO THE EFFECT THAT YOUR LOCK WOULD BE ACCEPTABLE FOR THE PROCUREMENT THEN IN QUESTION.

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B-141407, MAR. 23, 1960

TO THE YALE AND TOWNE MANUFACTURING COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16, 1960, RELATIVE TO YOUR PROTEST THAT THE SPECIFICATIONS UNDER REQUEST FOR QUOTATION NO. DSS-SD-RFQ 412A, ISSUED BY THE DEPARTMENT OF THE ARMY, WERE RESTRICTIVE AND DESIGNED FOR ONE MANUFACTURER.

IN CONNECTION WITH YOUR IMPLICATION THAT THE GOVERNMENT LOCK SPECIALIST FAILED TO MAKE YOUR LOCK WORK BECAUSE HE HAD NOT FOLLOWED THE WRITTEN INSTRUCTIONS, THE RECORD BEFORE US DISCLOSES THAT THE LOCK SPECIALIST WAS GIVEN A LOCK THAT WAS DISASSEMBLED AND WAS REQUESTED TO ASSEMBLE IT WITHOUT BEING FURNISHED EITHER WRITTEN OR ORAL INSTRUCTIONS. ATTEMPTING TO REASSEMBLE THE LOCK, THE LOCK SPECIALIST INADVERTENTLY REVERSED THE WASHERS BETWEEN THE TUMBLERS SINCE THEY FIT MORE READILY IN THE REVERSE POSITION. HE DID NOT KNOW THAT THE WASHERS WERE REVERSED UNTIL SO INFORMED BY YOUR REPRESENTATIVE. AFTER BEING INSTRUCTED, IT TOOK THE LOCK SPECIALIST 15 TO 20 MINUTES TO CHANGE THE COMBINATION BECAUSE OF THE DIFFICULTY OF READING THE WHITE MEMBERS ON THE WHITE NYLON TUMBLER DISCS. YOU CONTEND THAT THE WHITE ON WHITE ARRANGEMENT OFFERS MORE SECURITY SINCE UNAUTHORIZED PERSONS NEAR THE SAFE CANNOT DETERMINE THE COMBINATION BEING SET. THE OFFICE, SECRETARY OF DEFENSE, ADVISES THAT WHEN COMBINATIONS ARE BEING SET ON ANY SAFE CONTAINER NO UNAUTHORIZED PERSONNEL ARE PERMITTED TO BE NEAR.

IN CONNECTION WITH THE STATEMENT OF YOUR MR. BRYSON THAT THE SECURITY OFFICER ADVISED HIM THAT YOUR LOCK WAS ACCEPTABLE, THE OFFICE, SECRETARY OF DEFENSE, ADVISED US THAT AT NO TIME DURING DISCUSSIONS WITH MR. BRYSON WAS A STATEMENT MADE TO THE EFFECT THAT YOUR LOCK WOULD BE ACCEPTABLE FOR THE PROCUREMENT THEN IN QUESTION. ALSO, CONTRARY TO MR. BRYSON'S STATEMENT, THE SAME OFFICE HAS RESTATED THAT NO STATEMENT WAS MADE BY ANY MEMBER OF THE SECURITY SERVICE TO THE EFFECT THAT ,I CAN SELECT ANY MANUFACTURER'S LOCK THAT I DESIRE TO INSTALL ON FILES PROTECTING CLASSIFIED DOCUMENTS FOR THIS DEPARTMENT.'

THE RECORDS DISCLOSE THAT THE INVESTIGATION BY THE WHITE HOUSE IN 1953, MENTIONED IN MR. BRYSON'S LETTER OF JANUARY 16, 1960, CONCERNS A CASE THAT ORIGINATED AS A RESULT OF A COMPLAINT FROM MR. RICHARD K. WILSON OF AMERICAN LOCKSMITH COMPANY. MR. WILSON HAD COMPLAINED THAT SARGENT AND GREENLEAF, INC., CONTROLLED THE SAFE AND LOCK SITUATION IN THE GOVERNMENT. THE MATTER WAS REFERRED TO THE DEPARTMENT OF THE ARMY AND AN INVESTIGATION WAS CONDUCTED BY THE INSPECTOR GENERAL. BECAUSE THE COMPLAINT IMPLICATED INDIVIDUALS NOT UNDER THE JURISDICTION OF THE DEPARTMENT OF THE ARMY, THE MATTER WAS REFERRED ALSO TO THE DEPARTMENT OF JUSTICE AND A LENGTHY INVESTIGATION WAS CONDUCTED BY THE FBI. THE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, CLOSED THE CRIMINAL SIDE OF THE CASE ON SEPTEMBER 12, 1955, AND THE CIVIL FRAUD SECTION INFORMALLY ADVISED THE DEPARTMENT OF THE ARMY, ON NOVEMBER 30, 1959, THAT THEY EXPECTED TO CLOSE THE CASE WITHOUT CIVIL SECTION BY LATE SPRING. SARGENT AND GREENLEAF, INC., HAS NOT BEEN SUSPENDED OR DEBARRED.

IN THE PRESENT PROCUREMENT YOUR LOCK WAS FOUND TO MEET THE SECURITY REQUIREMENTS. HOWEVER, SINCE THE PROVISIONS OF CURRENT SECURITY REGULATIONS REQUIRE THE CHANGING OF ALL COMBINATIONS AT LEAST EVERY SIX MONTHS, THE ADDITIONAL TIME REQUIRED FOR CHANGES BECOMES AN IMPORTANT FACTOR IN THE PROCUREMENT. IT HAS BEEN ESTIMATED BY SECURITY PERSONNEL THAT THE TIME REQUIRED FOR CHANGING YOUR LOCK IS FIVE TIMES GREATER THAN FOR A KEY-CHANGE LOCK. IT WAS FOR THIS REASON YOUR LOCK WAS DETERMINED TO BE UNACCEPTABLE.

IN ADDITION TO THE FOREGOING, IN VIEW OF THE FACT THAT THE PROCUREMENT INVOLVED WAS NEGOTIATED RATHER THAN FORMALLY ADVERTISED, THERE WOULD APPEAR TO BE NO BASIS UPON WHICH WE COULD QUESTION THE LEGALITY OF AN AWARD IF MADE.

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