B-156680, SEP. 9, 1965

B-156680, SEP. 9, 1965

TO POWERCON CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JULY 14 AND 28, 1965, CONCERNING OUR DECISION OF JULY 13, 1965, IN CONNECTION WITH YOUR PROTEST AGAINST THE REJECTION OF YOUR BID SUBMITTED UNDER INVITATION FOR BIDS NO. 65-64, COVERING THE FURNISHING OF A LOW-VOLTAGE SWITCHGEAR TO THE VETERANS ADMINISTRATION HOSPITAL, PERRY POINT, MARYLAND.

THE OFFICE OF CONSTRUCTION, VETERANS ADMINISTRATION, HAS RECONSIDERED THE MATTER AND WE HAVE BEEN FURNISHED THE FOLLOWING COMMENTS:

"POWERCON'S CONTENTION THAT THE SUPERSTRUCTURE IS NOT A MAJOR ELECTRICAL COMPONENT IS WELL TAKEN. THE PURPOSE IN REQUIRING ALL COMPONENTS TO BE OF ONE MANUFACTURE WAS TO INSURE THAT THE ASSEMBLY WOULD BE AN ELECTRICALLY COORDINATED UNIT OF HIGH QUALITY. THE IMPORTANCE OF THE SUPERSTRUCTURE IN THIS ASSEMBLY IS SECONDARY TO THE MANNER OF ATTACHING THE ELECTRICAL COMPONENTS TO THE SUPERSTRUCTURE AND TO THE PROPER SPACING BETWEEN ELEMENTS WITHIN THE SUPERSTRUCTURE.

"SINCE THE TIME WHEN THE SPECIFICATIONS FOR THE PERRY POINT PROJECT WERE ISSUED, THIS OFFICE RECOGNIZED THAT THE SPECIFICATIONS WERE UNDULY RESTRICTIVE AND DID NOT PERMIT ASSEMBLERS TO SUPPLY SUCH UNITS TO THE V.A. WE HAVE SINCE DISTINGUISHED BETWEEN "ALL COMPONENTS" AND "ALL MAJOR ELECTRICAL COMPONENTS.' FURTHERMORE, WE ARE ATTEMPTING TO SPECIFY ELECTRICAL COORDINATION AND SPACING, INSOFAR AS BEING RELATED TO THE SUPERSTRUCTURE, TO ASSURE THAT THE GOVERNMENT WILL OBTAIN HIGH QUALITY AND THAT THE SPECIFICATIONS WILL NOT BE UNDULY RESTRICTIVE.'

IT IS UNFORTUNATE THAT IT WAS NOT REALIZED SOONER THAT THERE WAS NO NECESSITY TO CONSIDER THE SUPERSTRUCTURE AS ONE OF THE COMPONENTS TO BE OF ONE MANUFACTURER ALONG WITH THE ELECTRICAL COMPONENTS. APPARENTLY, AS STATED BY YOU, THE REASON WHY THE SUPERSTRUCTURE WAS CONSIDERED TOGETHER WITH THE ELECTRICAL COMPONENTS IS THAT IT IS SO CONSIDERED BY GENERAL ELECTRIC, WESTINGHOUSE, ALLIS-CHALMERS AND ITE. SINCE IT APPEARS THAT THE AWARD WAS MADE IN GOOD FAITH AND DELIVERY APPARENTLY HAS BEEN ACCOMPLISHED, THERE IS NOTHING THAT CAN BE DONE IN CONNECTION WITH THE PROCUREMENT INVOLVED.

SHOULD YOU RECEIVE ANOTHER INVITATION FOR BIDS FROM ANY GOVERNMENT AGENCY WHEREIN THE SUPERSTRUCTURE, OR SIMILAR COMPONENT, IS CONSIDERED AS A COMPONENT REQUIRED, ALONG WITH THE ELECTRICAL COMPONENTS, TO BE OF ONE MANUFACTURER, IT IS SUGGESTED THAT THE MATTER BE TAKEN UP WITH THE AGENCY IMMEDIATELY IN ORDER THAT IT CAN BE STRAIGHTENED OUT BEFORE BIDS ARE REQUIRED TO BE SUBMITTED.