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INC.: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 6. THE NAVY DEPARTMENT HAD ADVISED THAT IN ALL CASES THE MATERIAL BEING TESTED WAS APPLIED IN A SINGLE COAT. THAT YOU HAVE BEEN DISCRIMINATED AGAINST IN THAT CROSSFIELD PRODUCTS AND SELBY BATTERSBY. WHOSE PRODUCTS WERE LISTED ON QPL 3135. SPECIFY THAT THEIR MATERIALS ARE TO BE APPLIED IN SEVERAL COATS. THE NAVY DEPARTMENT REITERATES THAT IN ALL CASES THE MATERIAL BEING TESTED IS APPLIED IN A SINGLE COAT. FURTHER ADVISES THAT IN ALL CASES MANUFACTURERS' INSTRUCTIONS SPECIFYING APPLICATION IN MORE THAN ONE COAT ARE DISREGARDED. SINCE IT WOULD APPEAR THAT EACH PRODUCT WAS TESTED IN AN IDENTICAL MANNER.

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B-168421, MAR. 20, 1970

TO THE CAMP COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 6, 1970, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION OF FEBRUARY 3, 1970, B-168421, WHICH DENIED YOUR PROTEST AGAINST THE PROCEDURE USED BY THE PHILADELPHIA NAVAL SHIPYARD IN EVALUATING YOUR "LATEX LIQUID FLOOR" FOR LISTING ON QUALIFIED PRODUCTS LIST (QPL) 3135.

IN OUR DECISION WE DENIED YOUR PROTEST SINCE THE SPECIFICATIONS APPLICABLE TO QPL 3135 STATED THAT MIXING INSTRUCTIONS SHALL BE SUPPLIED BY THE MANUFACTURER, NOT APPLICATION INSTRUCTIONS. FURTHERMORE, THE NAVY DEPARTMENT HAD ADVISED THAT IN ALL CASES THE MATERIAL BEING TESTED WAS APPLIED IN A SINGLE COAT, AS CONTEMPLATED BY THE SPECIFICATIONS.

YOU ALLEGE, AS A BASIS FOR RECONSIDERATION, THAT YOU HAVE BEEN DISCRIMINATED AGAINST IN THAT CROSSFIELD PRODUCTS AND SELBY BATTERSBY, WHOSE PRODUCTS WERE LISTED ON QPL 3135, SPECIFY THAT THEIR MATERIALS ARE TO BE APPLIED IN SEVERAL COATS, JUST AS YOU SPECIFY FOR YOUR MATERIAL. HOWEVER, THE NAVY DEPARTMENT REITERATES THAT IN ALL CASES THE MATERIAL BEING TESTED IS APPLIED IN A SINGLE COAT, AND FURTHER ADVISES THAT IN ALL CASES MANUFACTURERS' INSTRUCTIONS SPECIFYING APPLICATION IN MORE THAN ONE COAT ARE DISREGARDED.

THEREFORE, SINCE IT WOULD APPEAR THAT EACH PRODUCT WAS TESTED IN AN IDENTICAL MANNER, WE FIND NO DISCRIMINATION IN THE PROCEDURE USED BY THE PHILADELPHIA NAVAL SHIPYARD IN EVALUATING YOUR "LATEX LIQUID FLOOR" LISTING ON QPL 3135.

ACCORDINGLY, OUR PREVIOUS DECISION OF FEBRUARY 3, 1970, MUST BE AFFIRMED.

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