B-169067 (3), MAY 28, 1970

B-169067 (3), MAY 28, 1970

CONTRACTS--SPECIFICATIONS RESTRICTIVE--PARTICULAR MAKE--REVIEW RECOMMENDED AIR FORCE (AF) IS ADVISED THAT, ALTHOUGH ADMINISTRATIVE DETERMINATION THAT 2-PISTON PUMP PAINT SPRAY SYSTEM IS NECESSARY TO SUIT AF MINIMUM NEEDS IS SUSTAINED, NAVY HAS DETERMINED SIMILAR SPECIFICATION WAS NEEDLESSLY RESTRICTIVE AND HAS RELAXED ITS REQUIREMENTS. IN VIEW OF PROTESTANT'S CONTENTION 1-PISTON SYSTEM IS ADEQUATE AND NAVY'S ACQUIESCENCE IN THIS POSITION, IT IS SUGGESTED SUBJECT BRAND NAME OR EQUAL SPECIFICATION BE REVIEWED TO DETERMINE IF IT SHOULD BE RELAXED IN SIMILAR FUTURE PROCUREMENTS.

TO MR. SECRETARY:

BY LETTER DATED APRIL 16, 1970, THE CHIEF, CONTRACT PLACEMENT DIVISION, DIRECTORATE OF PROCUREMENT POLICY, DEPUTY CHIEF OF STAFF, SYSTEMS AND LOGISTICS, FURNISHED OUR OFFICE WITH A REPORT ON THE PROTEST OF THE SPEE- FLO MANUFACTURING CORPORATION CONCERNING THE ALLEGEDLY RESTRICTIVE NATURE OF SPECIFICATIONS CONTAINED IN INVITATION FOR BIDS NO. F09650-70-B-0609. THE COMPANY ALSO MADE A SIMILAR PROTEST WITH REGARD TO DEPARTMENT OF THE NAVY INVITATION FOR BIDS NO. N60162-70 B-0035.

ENCLOSED IS A COPY OF OUR SELF-EXPLANATORY DECISION OF TODAY TO THE PROTESTANT.

WHILE WE HAVE SUSTAINED THE ADMINISTRATIVE DETERMINATION THAT A 2 PISTON PUMP PAINT SPRAY SYSTEM IS NECESSARY TO SUIT THE MINIMUM NEEDS OF THE AIR FORCE, WE NOTE THAT THE DEPARTMENT OF THE NAVY HAS DETERMINED THAT A SIMILAR SPECIFICATION PATTERNED ON THE SPECIFICATIONS FOR THE NORDSON CORPORATION 2-PISTON PUMP SYSTEM WAS NEEDLESSLY RESTRICTIVE AND HAS RELAXED ITS REQUIREMENTS. IN VIEW OF THE CONTENTION OF THE PROTESTANT THAT A 1-PISTON SYSTEM IS ADEQUATE, AND IN VIEW OF THE NAVY'S ACQUIESENCE IN THIS POSITION, WE SUGGEST THAT THE SUBJECT BRAND NAME OR EQUAL SPECIFICATION BE REVIEWED IN ORDER TO DETERMINE WHETHER IT SHOULD BE RELAXED IN FUTURE SIMILAR PROCUREMENTS.