B-153082, FEB. 24, 1964

B-153082, FEB. 24, 1964

TO THE ELECTRIC PRODUCTS COMPANY:

FURTHER REFERENCE IS MADE TO THE COPY OF YOUR LETTER DATED DECEMBER 13, 1963, ADDRESSED TO THE U.S. NAVY PURCHASING OFFICE, PROTESTING CERTAIN FEATURES OF THE REQUEST FOR PROPOSAL NEGOTIATION NO. 305-64Q, ISSUED IN CONNECTION WITH REQUISITION NO. 11/4012/64 CNO.

THE DEPARTMENT OF THE NAVY REPORTS THAT BY REQUISITION NO. 11/4012/64 CNO THE CHIEF OF NAVAL OPERATIONS REQUESTED THE PURCHASE OF ONE 60 KW.'NO BREAK POWER" GENERATOR, AS MANUFACTURED BY THE WAUKESHA MOTOR COMPANY, WAUKESHA, WISCONSIN, AND 13 EACH OF 60 AND 100 KW. GENERATORS IN ACCORDANCE WITH SPECIFICATION MIL-G-23608 (DOCKS). IN EFFECTING THE PURCHASE OF THE WAUKESHA GENERATOR THE U.S. NAVY PURCHASING OFFICE, WASHINGTON, D.C., MAILED THE REQUEST FOR PROPOSAL NEGOTIATION NO. 305-64Q, DATED DECEMBER 6, 1963, ONLY TO THE WAUKESHA MOTOR COMPANY AND PUBLICIZED IT IN THE DEPARTMENT OF COMMERCE BUSINESS DAILY, SPECIFYING THAT WAUKESHA'S EQUIPMENT WAS REQUIRED FOR TEST AND EVALUATION PURPOSES. THE MANNER AND FORM IN WHICH THE REQUEST FOR PROPOSAL NEGOTIATION NO. 305-64Q WAS ISSUED PROMPTED YOUR LETTER OF PROTEST DATED DECEMBER 13, 1963, TO THE U.S. NAVY PURCHASING OFFICE ON THE GROUNDS THAT THE SPECIFICATIONS WERE SO HIGHLY RESTRICTIVE AS TO AMOUNT TO NOTHING MORE THAN A SOLE SOURCE PROCUREMENT.

WE HAVE BEEN ADVISED BY THE CONTRACTING OFFICER THAT THE WAUKESHA GENERATOR WAS TO BE USED FOR TEST AND EVALUATION TO DETERMINE WHETHER THIS TYPE UNIT, THROUGH THE USE OF A DIFFERENT ELECTRO-MECHANICAL ARRANGEMENT, WILL PROVIDE CONTINUOUS POWER OF A QUALITY EQUAL TO, OR POSSIBLY HIGHER, THAN THAT PROVIDED BY UNITS PROCURED UNDER SPECIFICATION MIL-G-23608 (DOCKS). THE CONTRACTING OFFICER ADVISES FURTHER THAT THESE TESTS, IF SATISFACTORY, WILL PERMIT PREPARATION OR REVISION OF PROCUREMENT SPECIFICATIONS WHICH, IN CERTAIN INSTANCES, WOULD BE USED INSTEAD OF MIL-G -23608 (DOCKS) AT AN APPRECIABLE SAVINGS IN COST. IT IS THE POSITION OF THE DEPARTMENT OF THE NAVY THAT THE FOREGOING CIRCUMSTANCES JUSTIFY THE PROCEDURE FOLLOWED BY IT IN THE PROCUREMENT UNDER THE AUTHORITY CONTAINED IN 10 U.S.C. 2304 (A) (11) AND WE CONCUR IN THAT DETERMINATION. MOREOVER, IT APPEARS FROM YOUR LETTER DATED JANUARY 3, 1964, ADDRESSED TO THE U.S. NAVY PURCHASING OFFICE THAT THE FOREGOING INFORMATION HAS BEEN COMMUNICATED TO YOU BY THE DEPARTMENT OF THE NAVY AND THAT UPON LEARNING OF THE DETAILED REASONS ATTENDING THIS PART OF THE PROCUREMENT, YOU HAVE INDICATED YOUR SATISFACTION WITH THE TRANSACTION.

ACCORDINGLY, WE FIND NO BASIS TO FURTHER QUESTION THE PROCUREMENT MADE BY THE DEPARTMENT OF THE NAVY UNDER REQUEST FOR PROPOSAL NEGOTIATION NO. 305- 64Q.