B-130327, MAR. 13, 1957

B-130327: Mar 13, 1957

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ATTORNEY AT LAW: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9. IT IS STATED THAT YOU WERE ADVISED THAT THE PROPOSALS REQUESTED HAVE RESULTED IN THE SELECTION OF ONE BIDDER WITH WHOM A CONTRACT WILL NOT NECESSARILY BE NEGOTIATED ON THE BASIS OF ITS BID. YOU STATE THAT YOU OBJECT TO THIS PROCEDURE AND WISH TO REGISTER YOUR PROTEST AND TO ASK THAT IF A CONTRACT IS TO BE NEGOTIATED YOUR CLIENT BE AFFORDED AN OPPORTUNITY TO SUBMIT SUCH FURTHER JUSTIFICATION OF ITS SUBMISSION AS MAY BE PERTINENT. IT APPEARS FROM THAT LETTER THAT FOLLOWING RECEIPT OF PROPOSALS A MOST CAREFUL EVALUATION WAS MADE OF THE PROPOSALS RECEIVED. IT IS REPORTED ALSO THAT THE WINNING SPONSOR NOT ONLY SUBMITTED THE LOWEST BID PRICE BUT WAS SELECTED ON THE BASIS OF ITS PROPOSAL AS SUBMITTED.

B-130327, MAR. 13, 1957

TO AMBROSE E. CHAMBERS, ATTORNEY AT LAW:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9, 1957, PROTESTING THE MANNER IN WHICH THE UNITED STATES ARMED FORCES IN FRANCE CONDUCTED NEGOTIATIONS FOR A CONTRACT BETWEEN THE UNITED STATES GOVERNMENT AND CONSTRUCTION COMPANIES PURSUANT TO A PROSPECTUS ISSUED ON JULY 12, 1956, BY THE DIRECTOR, JOINT CONSTRUCTION AGENCY, UNITED STATES EUROPEAN COMMAND IN PARIS, FRANCE.

IT IS STATED THAT YOU WERE ADVISED THAT THE PROPOSALS REQUESTED HAVE RESULTED IN THE SELECTION OF ONE BIDDER WITH WHOM A CONTRACT WILL NOT NECESSARILY BE NEGOTIATED ON THE BASIS OF ITS BID. YOU STATE THAT YOU OBJECT TO THIS PROCEDURE AND WISH TO REGISTER YOUR PROTEST AND TO ASK THAT IF A CONTRACT IS TO BE NEGOTIATED YOUR CLIENT BE AFFORDED AN OPPORTUNITY TO SUBMIT SUCH FURTHER JUSTIFICATION OF ITS SUBMISSION AS MAY BE PERTINENT.

THE DEPARTMENT OF DEFENSE NOW HAS FURNISHED OUR OFFICE A COPY OF A LETTER DATED FEBRUARY 8, 1957, TO YOU, WHICH APPEARS TO ANSWER YOUR COMPLAINT. IT APPEARS FROM THAT LETTER THAT FOLLOWING RECEIPT OF PROPOSALS A MOST CAREFUL EVALUATION WAS MADE OF THE PROPOSALS RECEIVED, TAKING INTO CONSIDERATION THE TECHNICAL DETAILS, ORGANIZATION AND EXPERIENCE OF THE SPONSOR GROUPS, FINANCIAL QUALIFICATIONS, AND THE BACKING BY A QUALIFIED UNITED STATES COMMODITY DEALER. IT IS REPORTED ALSO THAT THE WINNING SPONSOR NOT ONLY SUBMITTED THE LOWEST BID PRICE BUT WAS SELECTED ON THE BASIS OF ITS PROPOSAL AS SUBMITTED, THAT FINAL CONTRACTS WILL BE EXECUTED WITHIN THE FRAME WORK OF THAT PROPOSAL, AND THAT FURTHER NEGOTIATIONS WERE BEING CONDUCTED ONLY WITH REGARD TO SELECTION OF ACCEPTABLE SITES AND REFINEMENT OF TECHNICAL DETAILS CONFORMABLE TO THE WISHES OF THE UNITED STATES GOVERNMENT. THERE IS NOTHING OF RECORD HERE TO SHOW THAT YOU REPLIED TO THAT LETTER, OR THAT YOU DISPUTED THE STATEMENTS MADE THEREIN, AND WE ARE NOT IN A POSITION TO SAY THAT THE FACTS OF THE MATTER AS ADMINISTRATIVELY REPORTED ARE NOT SUBSTANTIALLY CORRECT OR THAT THE PROCEDURE FOLLOWED IS OBJECTIONABLE FROM A LEGAL STANDPOINT.

ACCORDINGLY, THERE APPEARS TO BE NO FURTHER ACTION WE PROPERLY MAY TAKE IN THE MATTER.