B-157053, AUG. 2, 1965
Highlights
IMMIGRATION AND NATURALIZATION SERVICE: REFERENCE IS MADE TO LETTER CO 710-P OF JULY 20. THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR LETTER OF TODAY TO THE PROTESTANT. THE INVITATION WAS ISSUED ON JUNE 11 AND OPENED ON JUNE 25 FOR CONTRACT ON WHICH THE SUCCESSFUL BIDDER HAD TO BE PREPARED TO PERFORM BY JULY 1. THIS IS A SITUATION WHERE THERE IS ONLY ONE COMPANY PRESENTLY IN OPERATION IN THE SERVICING AND MAINTENANCE OF AIRCRAFT IN THE BROWNSVILLE AREA. A MUCH GREATER TIME FOR BID PREPARATION AND FOR PREPARING TO PERFORM SHOULD BE ALLOWED TO PERMIT PROSPECTIVE BIDDERS ADEQUATE TIME TO OBTAIN INFORMATION TO PREPARE BIDS AND TO BE ABLE TO ESTABLISH OR ACQUIRE FACILITIES TO PERFORM IF THEY ARE SUCCESSFUL.
B-157053, AUG. 2, 1965
TO MR. RAYMOND F. FARRELL, COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE:
REFERENCE IS MADE TO LETTER CO 710-P OF JULY 20, 1965, FROM THE ASSOCIATE COMMISSIONER, MANAGEMENT, REPORTING ON THE PROTEST OF ALL AMERICAN MAINTENANCE COMPANY UNDER INVITATION SW-43-65.
THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR LETTER OF TODAY TO THE PROTESTANT.
WHILE OUR OFFICE HAS NO REASON TO REQUIRE CANCELLATION OF THE CONTRACT AWARDED UNDER THE IMMEDIATE INVITATION FOR BIDS, WE BELIEVE THAT IN FUTURE INVITATIONS OF THIS KIND LONGER PERIODS OF TIME SHOULD BE PROVIDED THAN THE 14-DAY PERIOD PROVIDED IN THE IMMEDIATE INVITATION BETWEEN INVITATION ISSUANCE AND BID OPENING AND THE 6-DAY PERIOD BETWEEN BID OPENING AND THE COMMENCEMENT DATE OF THE CONTRACT. IN THIS CONNECTION, WE NOTE THAT FPR SEC. 1-2.202-1 (C) PROVIDES THAT AS A GENERAL RULE THE MINIMUM BIDDING TIME SHALL NOT BE LESS THAN 15 CALENDAR DAYS WHEN PROCURING STANDARD COMMERCIAL SERVICES AND NOT LESS THAN 30 CALENDAR DAYS WHEN PROCURING OTHER THAN STANDARD COMMERCIAL SERVICES. IN THIS CASE, THE INVITATION WAS ISSUED ON JUNE 11 AND OPENED ON JUNE 25 FOR CONTRACT ON WHICH THE SUCCESSFUL BIDDER HAD TO BE PREPARED TO PERFORM BY JULY 1.
APPARENTLY, THIS IS A SITUATION WHERE THERE IS ONLY ONE COMPANY PRESENTLY IN OPERATION IN THE SERVICING AND MAINTENANCE OF AIRCRAFT IN THE BROWNSVILLE AREA. IT WOULD SEEM TO BE AN ONEROUS TASK, INDEED, FOR ANOTHER BIDDER FROM OUTSIDE THE AREA WHO MIGHT WISH TO PERFORM IN THE AREA TO BE ABLE TO MAKE THE NECESSARY ARRANGEMENTS AND BE IN A POSITION TO BID AND PERFORM A CONTRACT OF THIS NATURE IN THE BRIEF PERIOD PROVIDED BY THE INVITATION. A MUCH GREATER TIME FOR BID PREPARATION AND FOR PREPARING TO PERFORM SHOULD BE ALLOWED TO PERMIT PROSPECTIVE BIDDERS ADEQUATE TIME TO OBTAIN INFORMATION TO PREPARE BIDS AND TO BE ABLE TO ESTABLISH OR ACQUIRE FACILITIES TO PERFORM IF THEY ARE SUCCESSFUL. IN THIS CASE, IT IS NOT EXPLAINED WHY THE INVITATION ISSUANCE WAS DELAYED UNTIL JUNE 11, AND IN THE ABSENCE OF SUCH AN EXPLANATION IT WOULD SEEM THAT IT WAS NOT NECESSARY TO WAIT SO LONG BEFORE ISSUING AN INVITATION ESPECIALLY WHERE THE NEED COVERED BY THE INVITATION WAS NOT UNANTICIPATED BUT WAS A CONTINUING NEED.