B-150191, MAR. 8, 1963
Highlights
TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO LETTERS DATED DECEMBER 11. ENCLOSED FOR YOUR INFORMATION ARE COPIES OF OUR LETTERS OF TODAY TO VIEWLEX. AS OF THIS DATE WE HAVE NOT BEEN INFORMED WHETHER A DETERMINATION WITH RESPECT TO EXIGENCY HAS BEEN MADE. EXIST AND IT IS DETERMINED BY THE AIR FORCE IN ACCORDANCE WITH THE PROVISIONS OF ASPR 3-202.2 THAT THE NEED FOR THE LENS CONES IS "COMPELLING AND OF UNUSUAL URGENCY" OUR OFFICE WOULD NOT OBJECT TO PROCUREMENT OF THE LENS CONES FROM CHICAGO AERIAL ON A NEGOTIATED BASIS. WE THINK THE AIR FORCE SHOULD ACCOMPLISH THE PROCUREMENT BY EITHER OF TWO MEANS: (1) IN ACCORDANCE WITH THE NEGOTIATION PROVISIONS SPECIFIED IN 10 U.S.C. 2304 (A) (15) WHICH AUTHORIZE NEGOTIATION AFTER FORMAL ADVERTISING WHEN IT IS DETERMINED THAT THE BID PRICES RECEIVED ARE UNREASONABLE AND EACH RESPONSIBLE BIDDER HAS BEEN NOTIFIED OF INTENTION TO NEGOTIATE AND IS GIVEN A REASONABLE OPPORTUNITY TO NEGOTIATE.
B-150191, MAR. 8, 1963
TO THE SECRETARY OF THE AIR FORCE:
REFERENCE IS MADE TO LETTERS DATED DECEMBER 11, 1962, AND FEBRUARY 5, 1963, FROM THE CHIEF, PROCUREMENT OPERATIONS DIVISION, DIRECTORATE, PROCUREMENT MANAGEMENT, DCS/S AND L, SUBMITTING REPORTS AND DOCUMENTS CONCERNING A PROTEST FILED WITH OUR OFFICE BY VIEWLEX, INC., AGAINST PROPOSED ACTION BY THE DEPARTMENT OF THE AIR FORCE UNDER INVITATIONS FOR BIDS NOS. 33-657-62-500 AND 33-657-62-501. ENCLOSED FOR YOUR INFORMATION ARE COPIES OF OUR LETTERS OF TODAY TO VIEWLEX, INC., AND CHICAGO AERIAL INDUSTRIES, INC., CONCERNING THE PROTESTS MADE BY BOTH CORPORATIONS.
WE NOTE THAT THE LETTER OF FEBRUARY 5 ABOVE REFERRED TO STATES AT PARAGRAPH 3 THEREOF THAT ALL PROCUREMENT ACTION HAS BEEN SUSPENDED ON THE 6-INCH LENS CONES FORMERLY COVERED BY INVITATION FOR BIDS NO. 33 657-62- 500 PENDING FURTHER CLARIFICATION OF THE URGENCY FACTOR. AS POINTED OUT IN OUR DECISION TO VIEWLEX, THE ONLY REASON ADVANCED BY THE AIR FORCE FOR POSSIBLE SOLE SOURCE NEGOTIATION WITH CHICAGO AERIAL FOR THE LENS CONES IN PUBLIC EXIGENCY. AS OF THIS DATE WE HAVE NOT BEEN INFORMED WHETHER A DETERMINATION WITH RESPECT TO EXIGENCY HAS BEEN MADE. SHOULD A PUBLIC EXIGENCY, IN FACT, EXIST AND IT IS DETERMINED BY THE AIR FORCE IN ACCORDANCE WITH THE PROVISIONS OF ASPR 3-202.2 THAT THE NEED FOR THE LENS CONES IS "COMPELLING AND OF UNUSUAL URGENCY" OUR OFFICE WOULD NOT OBJECT TO PROCUREMENT OF THE LENS CONES FROM CHICAGO AERIAL ON A NEGOTIATED BASIS. ON THE OTHER HAND, IF TIME PERMITS, WE THINK THE AIR FORCE SHOULD ACCOMPLISH THE PROCUREMENT BY EITHER OF TWO MEANS: (1) IN ACCORDANCE WITH THE NEGOTIATION PROVISIONS SPECIFIED IN 10 U.S.C. 2304 (A) (15) WHICH AUTHORIZE NEGOTIATION AFTER FORMAL ADVERTISING WHEN IT IS DETERMINED THAT THE BID PRICES RECEIVED ARE UNREASONABLE AND EACH RESPONSIBLE BIDDER HAS BEEN NOTIFIED OF INTENTION TO NEGOTIATE AND IS GIVEN A REASONABLE OPPORTUNITY TO NEGOTIATE, OR (2) BY UNRESTRICTED FORMAL ADVERTISING.