B-169563 (2), JUL. 20, 1970
Highlights
SECRETARY: REFERENCE IS MADE TO A LETTER DATED MAY 26. CONTAIN STATEMENTS TO THE EFFECT THAT OVER THE PAST FOUR SOLICITATIONS AN AVERAGE OF 32 SOURCES HAVE BEEN SOLICITED WITH ONLY TWO "COMPETITIVE. ON TWO OF THE SOLICITATIONS THREE BIDS WERE RECEIVED AND. ON ANOTHER FOUR BIDS WERE RECEIVED. RESPONSIVE" OR "COMPETITIVE" BIDS WERE RECEIVED EACH TIME WITHOUT DISCLOSING THE ACTUAL FACTS OR THE BASIS OF HIS DEFINITIONS. MORRIS GOLDSTEIN IS RETURNED.
B-169563 (2), JUL. 20, 1970
TO MR. SECRETARY:
REFERENCE IS MADE TO A LETTER DATED MAY 26, 1970, SIGNED BY VINCENT H. ELLIS, BRIGADIER GENERAL, USA, DEPUTY FOR PROCUREMENT, FURNISHING A REPORT ON THE PROTEST OF NATIONAL SERVICE CORPORATION, ALEXANDRIA, VIRGINIA, AGAINST THE DETERMINATION NOT TO ADVERTISE FOR REFUELING SERVICES FOR FISCAL YEAR 1971 AT THE ARMY AVIATION CENTER, FORT RUCKER, ALABAMA.
THE PROTEST ALLEGES THAT THE CONTRACTING OFFICER DOES NOT INTEND TO COMPLY WITH THE PROVISIONS OF ARMED SERVICES PROCUREMENT REGULATION 1 1505 REGARDING THE EXERCISE OF THE OPTION TO EXTEND THE EXISTING CONTRACT WITH SPEAR SERVICE, INCORPORATED. ALTHOUGH WE UPHOLD THE CONTRACTING OFFICER'S CONCLUSION TO EXERCISE THE OPTION IN OUR DECISION DATED TODAY (COPY ENCLOSED), WE DO NOT BELIEVE HIS REPORTING ON THIS MATTER HAS BEEN COMPLETELY ACCURATE. SPECIFICALLY THE "CONTRACTING OFFICER'S DETERMINATION TO EXERCISE THE OPTION TO EXTEND CLAUSE OF CONTRACT DABC01- 70-C-0041" DATED JANUARY 13, 1970, AND THE "CONTRACTING OFFICER'S STATEMENT" DATED MAY 1, 1970, REPORTING ON THE INSTANT PROTEST, CONTAIN STATEMENTS TO THE EFFECT THAT OVER THE PAST FOUR SOLICITATIONS AN AVERAGE OF 32 SOURCES HAVE BEEN SOLICITED WITH ONLY TWO "COMPETITIVE, RESPONSIVE" OR "COMPETITIVE" BIDS BEING RECEIVED EACH TIME. AS SHOWN IN OUR DECISION, ON TWO OF THE SOLICITATIONS THREE BIDS WERE RECEIVED AND, ON ANOTHER FOUR BIDS WERE RECEIVED. IN OUR OPINION THE CONTRACTING OFFICER'S REPORTING ON THESE PROCUREMENTS HAS BEEN LESS THAN ACCURATE, IF NOT MISLEADING.
HE DID NOT INDICATE THE ACTUAL NUMBER OF BIDS RECEIVED, BUT SIMPLY STATED TWO "COMPETITIVE, RESPONSIVE" OR "COMPETITIVE" BIDS WERE RECEIVED EACH TIME WITHOUT DISCLOSING THE ACTUAL FACTS OR THE BASIS OF HIS DEFINITIONS. WE RECOMMEND THAT YOU INSTRUCT YOUR CONTRACTING OFFICERS TO FULLY DISCLOSE THE FACTS WHEN RECOMMENDING TO A HIGHER HEADQUARTERS THAT AN OPTION BE EXERCISED, OR WHEN REPORTING TO OUR OFFICE ON A PROTEST, WITHOUT EMPLOYING VAGUE AND UNDEFINED TERMS WHICH DO NOT FULLY EXPLAIN THE FACTS.
THE DUPLICATE COPY OF YOUR DEPARTMENT'S REPORT FURNISHED BY MR. MORRIS GOLDSTEIN IS RETURNED.