B-127011, JUN. 6, 1961
Highlights
TO THE POSTMASTER GENERAL: REFERENCE IS MADE TO YOUR LETTER OF APRIL 27. ARE NOT APPLICABLE TO YOUR DEPARTMENT'S MISTAKE IN BID CASES ARISING OUT OF CONTRACT TRANSACTIONS FOR THE DISTRIBUTION AND TRANSPORTATION OF THE MAILS OR LEASING OF REAL PROPERTY FOR POSTAL PURPOSES. IT IS REQUESTED THEREFORE THAT AUTHORITY BE DELEGATED BY THE COMPTROLLER GENERAL TO THE POSTMASTER GENERAL TO DETERMINE ADMINISTRATIVELY. IT IS STATED THAT IF SUCH AUTHORITY IS GRANTED YOUR DEPARTMENT WILL EXERCISE THE AUTHORITY IN CONFORMITY WITH THE PROCEDURES OUTLINED IN THE SAID REGULATIONS AND THAT SUCH AUTHORIZATION WILL ASSURE APPLICATION OF UNIFORM POLICIES AND PROCEDURES TO MISTAKE IN BID CASES IN THE DEPARTMENT'S CONTRACT AREAS NOT PRESENTLY COVERED.
B-127011, JUN. 6, 1961
TO THE POSTMASTER GENERAL:
REFERENCE IS MADE TO YOUR LETTER OF APRIL 27, 1961, STATING THAT IN THE LIGHT OF 40 UNITED STATES CODE 474 (15) AND 39 ID. 2102 AND 2103 THE PROVISIONS OF FPR 1-2.406-2 THROUGH 1-2.406-4, RELATING TO THE ADMINISTRATIVE DETERMINATIONS WHICH MAY BE MADE BY HEADS OF EXECUTIVE AGENCIES IN MISTAKE IN BID CASES, ARE NOT APPLICABLE TO YOUR DEPARTMENT'S MISTAKE IN BID CASES ARISING OUT OF CONTRACT TRANSACTIONS FOR THE DISTRIBUTION AND TRANSPORTATION OF THE MAILS OR LEASING OF REAL PROPERTY FOR POSTAL PURPOSES.
IT IS REQUESTED THEREFORE THAT AUTHORITY BE DELEGATED BY THE COMPTROLLER GENERAL TO THE POSTMASTER GENERAL TO DETERMINE ADMINISTRATIVELY, WITHOUT SUBMISSION TO THIS OFFICE FOR ADVANCE DECISION, THE ACTION TO BE TAKEN WITH RESPECT TO SUCH CASES TO THE SAME EXTENT AS SET FORTH IN THE FEDERAL PROCUREMENT REGULATIONS. IT IS STATED THAT IF SUCH AUTHORITY IS GRANTED YOUR DEPARTMENT WILL EXERCISE THE AUTHORITY IN CONFORMITY WITH THE PROCEDURES OUTLINED IN THE SAID REGULATIONS AND THAT SUCH AUTHORIZATION WILL ASSURE APPLICATION OF UNIFORM POLICIES AND PROCEDURES TO MISTAKE IN BID CASES IN THE DEPARTMENT'S CONTRACT AREAS NOT PRESENTLY COVERED.
WE BELIEVE THAT THE UNIFORM SYSTEMS AND PROCEDURES ESTABLISHED BY THE FEDERAL PROCUREMENT REGULATIONS PURSUANT TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT SHOULD BE FOLLOWED BY THE VARIOUS AGENCIES EVEN THOUGH THEY MAY HAVE OTHER SPECIFIC STATUTORY AUTHORITY OR MAY HAVE BEEN GRANTED CERTAIN EXEMPTIONS FROM THE ACT, UNLESS TO DO SO WOULD IMPAIR OR AFFECT THE CARRYING OUT OF THE SPECIFIC PROGRAMS OTHERWISE AUTHORIZED. SEE IN THIS CONNECTION OUR LETTER OF DECEMBER 7, 1959, TO THE CHAIRMAN, TENNESSEE VALLEY AUTHORITY, 39 COMP. GEN. 426.
AUTHORITY IS HEREBY GRANTED TO THE POSTMASTER GENERAL TO DETERMINE ADMINISTRATIVELY, WITHOUT SUBMISSION TO THIS OFFICE FOR ADVANCE DECISION, THE ACTION TO BE TAKEN IN BID CASES ARISING OUT OF CONTRACT TRANSACTIONS FOR THE DISTRIBUTION AND TRANSPORTATION OF THE MAILS OR LEASING OF REAL PROPERTY FOR POSTAL PURPOSES TO THE SAME EXTENT AS SET FORTH IN THE APPLICABLE PROVISIONS OF THE FEDERAL PROCUREMENT REGULATIONS.