B-160221, MAY 2, 1967
Highlights
SWEENEY: REFERENCE IS MADE TO YOUR LETTERS OF MARCH 14. THE DEPARTMENT OF THE NAVY WAS GRANTED PERMISSION BY THE ARMED SERVICES PROCUREMENT REGULATION COMMITTEE TO USE THE COST-PLUS-AWARD-FEE TYPE OF CONTRACT. WE UNDERSTAND FROM THE DEPARTMENT OF THE NAVY THAT THIS DEVIATION HAS OR WILL BE EXTENDED. WE HAVE REVIEWED YOUR LETTERS AND FIND NOTHING THEREIN WHICH WOULD CAUSE US TO CHANGE OUR DECISION OF FEBRUARY 28. WE INVITE YOUR ATTENTION TO SECTION 1-109.1 OF ASPR WHICH ROVIDES: "THE ASPR IS NOT INTENDED TO STIFLE THE DEVELOPMENT OF NEW TECHNIQUES OR METHODS OF PROCUREMENT. INNOVATIONS TO ATTAIN DESIRABLE OBJECTIVES WILL OCCASIONALLY NECESSITATE DEVIATIONS FROM ASPR. IT IS THE RESPONSIBILITY OF CONTRACTING OFFICERS TO REQUEST SUCH DEVIATIONS WHENEVER THEY ARE REQUIRED IN THE BEST INTEREST OF THE GOVERNMENT. * * *.'.
B-160221, MAY 2, 1967
TO MR. R. D. SWEENEY:
REFERENCE IS MADE TO YOUR LETTERS OF MARCH 14, APRIL 4, AND APRIL 20, 1967, REQUESTING THAT WE RECONSIDER OUR DECISION OF FEBRUARY 28, 1967, IN WHICH WE DENIED YOUR PROTEST AGAINST THE METHOD OF PROCUREMENT PROPOSED IN REQUEST FOR PROPOSALS NO. 0349, ISSUED BY THE UNITED STATES NAVY PURCHASING OFFICE, LOS ANGELES, CALIFORNIA.
AS WE PREVIOUSLY ADVISED YOU, THE DEPARTMENT OF THE NAVY WAS GRANTED PERMISSION BY THE ARMED SERVICES PROCUREMENT REGULATION COMMITTEE TO USE THE COST-PLUS-AWARD-FEE TYPE OF CONTRACT. WE UNDERSTAND FROM THE DEPARTMENT OF THE NAVY THAT THIS DEVIATION HAS OR WILL BE EXTENDED.
WE HAVE REVIEWED YOUR LETTERS AND FIND NOTHING THEREIN WHICH WOULD CAUSE US TO CHANGE OUR DECISION OF FEBRUARY 28, 1967. WE INVITE YOUR ATTENTION TO SECTION 1-109.1 OF ASPR WHICH ROVIDES:
"THE ASPR IS NOT INTENDED TO STIFLE THE DEVELOPMENT OF NEW TECHNIQUES OR METHODS OF PROCUREMENT. INNOVATIONS TO ATTAIN DESIRABLE OBJECTIVES WILL OCCASIONALLY NECESSITATE DEVIATIONS FROM ASPR, AND IT IS THE RESPONSIBILITY OF CONTRACTING OFFICERS TO REQUEST SUCH DEVIATIONS WHENEVER THEY ARE REQUIRED IN THE BEST INTEREST OF THE GOVERNMENT. * * *.'
IN THE CIRCUMSTANCES OUR OFFICE WILL NOT TAKE ANY FURTHER ACTION WITH REGARD TO THE MATTER AT THE PRESENT TIME.