B-159108, JUN. 7, 1966

B-159108, JUN. 7, 1966

TO INTERCEPT RESEARCH, INC.:

IN YOUR LETTER OF APRIL 30, 1966, YOU PROTEST THE PROPOSED AWARD OF A CONTRACT BY THE DEPARTMENT OF NAVY, NAVAL SHIP SYSTEMS COMMAND, PURSUANT TO REQUEST FOR QUOTATIONS (RFQ) 681BA-69070/S), FOR A DESIGN STUDY FOR A PASSIVE PASSIVE LOCATION SYSTEM MEETING "SECRET" SPECIFICATIONS.

YOU COMPLAIN THAT YOUR LATE PROPOSAL WAS RETURNED TO YOU WITHOUT BEING REVIEWED PURSUANT TO ASPR 3-506 (A) TO DETERMINE IF IT OFFERED AN IMPORTANT TECHNICAL BREAKTHROUGH. YOU POINT OUT THAT IF YOUR PROPOSAL DOES OFFER A TECHNICAL BREAKTHROUGH OF EXTREME IMPORTANCE TO THE GOVERNMENT, A RESOLICITATION OF PROPOSALS WOULD BE REQUIRED BY ASPR 3-506 (B). YOU ALSO CONTEND THAT THE CONTRACTING OFFICER AND HIS AGENTS "DID WITH MALICE AFORETHOUGHT CONSPIRE AND ACT" SO AS TO PREVENT YOUR FIRM FROM SUBMITTING A TIMELY RESPONSE TO THE SUBJECT RFQ. YOU REQUEST THAT PROPOSALS BE REJECTED AND RESOLICITED SO YOU MAY HAVE A FAIR AND EQUAL CHANGE TO COMPETE IN THE SUBJECT PROCUREMENT.

THE ADMINISTRATIVE RECORD INDICATES THAT THE RFQ WAS ISSUED ON FEBRUARY 24, 1966. IT SPECIFIED THAT "QUOTATIONS MUST BE RECEIVED NOT LATER THAN THE CLOSE OF BUSINESS 25 MARCH 1966.' YOUR LETTER REQUESTING A COPY OF THE RFQ, DATED FEBRUARY 25, 1966, WAS NOT RECEIVED BY THE COGNIZANT CONTRACTING REPRESENTATIVE UNTIL ABOUT MARCH 1, 1966. SINCE THE CONTRACT SPECIFICATIONS ARE CLASSIFIED "SECRET," AND SINCE THE NAVAL SHIP SYSTEMS COMMAND HAD NO RECORD OF YOUR SECURITY CLEARANCE STATUS, YOUR REQUEST WAS REFERRED TO AN APPROPRIATE SECURITY OFFICE FOR THE NECESSARY CLEARANCE TO PERMIT RELEASE OF THE "SECRET" SPECIFICATIONS. THE SECURITY OFFICE CONDUCTED ITS INVESTIGATION, AND ON MARCH 10, 1966, ADVISED THE CONTRACTING REPRESENTATIVE THAT YOUR FIRM WAS ELIGIBLE TO RECEIVE THE SECRET DOCUMENTS. THE COMPLETE PROCUREMENT PACKAGE WAS RELEASED FOR MAILING TO YOUR FIRM ON MARCH 15, 1966. YOU SAY YOU RECEIVED IT ON MARCH 18 AND THAT ON MARCH 25, YOU TELEPHONED THE PROCURING ACTIVITY, WHICH DENIED YOUR REQUEST THAT THE OPENING OF PROPOSALS SCHEDULED FOR THAT AFTERNOON BE POSTPONED.

NINE COMPLETE PROPOSALS WERE TIMELY RECEIVED. THE PRICES FOR YOUR TECHNICAL PROPOSAL WERE RECEIVED LATE, AND THEREFORE, THE COMPLETED PROPOSAL WAS RETURNED TO YOU WITHOUT FURTHER CONSIDERATION.

THE AGENCY REPORTS THAT ITS FAILURE TO REVIEW YOUR PROPOSAL IN ACCORDANCE WITH ASPR 3-506 WAS AN OVERSIGHT, AND ACCORDINGLY, THAT YOU HAVE BEEN INVITED TO RESUBMIT YOUR PROPOSAL FOR CONSIDERATION IN ACCORDANCE WITH THE CITED PROVISION OF ASPR. THE MERIT OF YOUR PROTEST IN THIS RESPECT THEREFORE APPEARS TO HAVE BEEN RECOGNIZED BY THE CONTRACTING AGENCY. THIS CONNECTION, WE ARE ADVISED THAT IF THE REVIEW OF YOUR PROPOSAL DISCLOSES AN IMPORTANT TECHNICAL OR SCIENTIFIC BREAKTHROUGH, ALL OF THE OFFERORS UNDER THE RFQ WILL BE RESOLICITED TO SUBMIT NEW QUOTATIONS, WHICH PROCEDURE APPEARS TO BE IN ACCORD WITH ASPR 3-506 (B). ON THE OTHER HAND, IF THE REVIEW FAILS TO DISCLOSE SUCH A BREAKTHROUGH, YOUR PROPOSAL WILL BE RETURNED WITH ADVICE THAT IT WILL NOT BE FURTHER CONSIDERED.

WITH RESPECT TO THE ALLEGATION OF A CONSPIRACY TO PREVENT YOU FROM SUBMITTING A TIMELY PROPOSAL, YOU HAVE SUBMITTED NO EVIDENCE IN SUPPORT THEREOF, AND THE RECORD BEFORE US DOES NOT OTHERWISE SUPPORT YOUR ALLEGATION. IN VIEW THEREOF, THAT PORTION OF YOUR PROTEST WHICH IS BASED ON ALLEGED CONSPIRACY MUST BE DENIED.