B-130757, APR. 12, 1957

B-130757: Apr 12, 1957

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11. IT IS STATED THAT AFTER RECEIPT OF YOUR PROPOSAL AND SUBSEQUENT TO ITS OPENING ON FEBRUARY 6. AN INVESTIGATION WAS MADE OF YOUR FACILITIES PRESUMABLY FOR THE PURPOSE OF ESTABLISHING YOUR CAPABILITY OF PERFORMING THE SERVICES. THAT IF THE FLYING TIGER LINE'S BID WAS LOWER THAN YOURS. SUCH INVESTIGATION WAS A USELESS ACT. THAT IF THE FLYING TIGER LINE'S BID WAS NOT LOW. THE CONTRACT MUST HAVE BEEN AWARDED AFTER FURTHER NEGOTIATION OF WHICH YOU ARE NOT AWARE. IT WAS. REQUESTED THAT YOU BE ADVISED WHETHER OR NOT THE CONTRACT WAS BASED UPON AN ORIGINAL. LATE OR MODIFIED PROPOSAL AND WHETHER OR NOT YOUR BID WAS MADE AVAILABLE TO THE SUCCESSFUL BIDDER.

B-130757, APR. 12, 1957

TO S. S. W., INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, 1957, PROTESTING THE AWARD OF A CONTRACT TO THE FLYING TIGER LINE, INC., FOR AIR TRANSPORT CARGO SERVICE, BY HEADQUARTERS, AIR MATERIEL COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

IT IS STATED THAT AFTER RECEIPT OF YOUR PROPOSAL AND SUBSEQUENT TO ITS OPENING ON FEBRUARY 6, AN INVESTIGATION WAS MADE OF YOUR FACILITIES PRESUMABLY FOR THE PURPOSE OF ESTABLISHING YOUR CAPABILITY OF PERFORMING THE SERVICES; THAT IF THE FLYING TIGER LINE'S BID WAS LOWER THAN YOURS, SUCH INVESTIGATION WAS A USELESS ACT, AND THAT IF THE FLYING TIGER LINE'S BID WAS NOT LOW, THE CONTRACT MUST HAVE BEEN AWARDED AFTER FURTHER NEGOTIATION OF WHICH YOU ARE NOT AWARE. IT WAS, THEREFORE, REQUESTED THAT YOU BE ADVISED WHETHER OR NOT THE CONTRACT WAS BASED UPON AN ORIGINAL, LATE OR MODIFIED PROPOSAL AND WHETHER OR NOT YOUR BID WAS MADE AVAILABLE TO THE SUCCESSFUL BIDDER.

THE REPORT FURNISHED IN THE MATTER BY THE DEPARTMENT OF THE AIR FORCE SHOWS THAT THE REQUEST FOR PROPOSAL FOR AIR TRANSPORT CARGO SERVICES WAS DISTRIBUTED BY THE AIR MATERIAL COMMAND ON JANUARY 18, 1957, TO 45 PROSPECTIVE SOURCES. THE REQUEST PROVIDED:

"THE PROPOSAL SHALL BE SUBMITTED BY REGISTERED MAIL TO THE COMMANDER, AIR MATERIEL COMMAND, ATTENTION: MCPMA, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, MARKED "PROPOSAL - DO NOT OPEN," POSTMARKED NOT LATER THAN MIDNIGHT ON 2 FEBRUARY 1957, OR MAY BE DELIVERED TO THE ABOVE OFFICE NOT LATER THAN 5:00 P.M. EST ON 4 FEBRUARY 1957.'

TWELVE PROPOSALS WERE RECEIVED IN RESPONSE TO THE REQUEST. THE PROPOSAL RECEIVED FROM THE FLYING TIGER LINE WAS POSTMARKED AND REGISTERED FEBRUARY 1, 1957, AND WAS RECEIVED IN THE DAYTON, OHIO, POST OFFICE ON FEBRUARY 2, 1957, WITHIN THE DEADLINE ESTABLISHED BY THE REQUEST FOR PROPOSALS. THE ORIGINAL FLYING TIGER LINE PROPOSAL, WHICH WAS NEVER MODIFIED, WAS THE LOWEST RECEIVED, QUOTING $0.8289 PER STATUTE MILE. YOUR PROPOSAL QUOTING $0.8432 PER STATUTE MILE WAS SECOND LOW. SINCE YOU HAD NO PREVIOUS CONTRACTS WITH THE AIR MATERIAL COMMAND AND IT WAS NECESSARY TO MAKE AN AWARD PRIOR TO FEBRUARY 15, 1957, THE LOS ANGELES AIR PROCUREMENT DISTRICT WAS REQUESTED TO MAKE A LIMITED SURVEY OF YOUR FACILITIES IN THE EVENT DETAILED EVALUATION OF ITS PROPOSAL SHOULD DISQUALIFY THE FLYING TIGER LINE, THEREBY BRINGING YOUR PROPOSAL, THE SECOND LOW, INTO CONSIDERATION. HOWEVER, THE PROPOSAL OF THE FLYING TIGER LINE WAS FOUND ACCEPTABLE AND THE AWARD WAS MADE TO THAT CORPORATION ON FEBRUARY 8, 1957.

THE DEPARTMENT OF THE AIR FORCE FURTHER REPORTS THAT ALL PROPOSALS RECEIVED WERE GIVEN EQUAL CONSIDERATION AND AT NO TIME WAS UNFAIR OR PREJUDICIAL ACTION TAKEN, AND SPECIFICALLY DENIES THAT YOUR PROPOSAL WAS EVER MADE AVAILABLE TO THE FLYING TIGER LINE TO ASSIST IT IN THE PREPARATION OF ITS PROPOSAL.

IN VIEW OF THE REPORT FURNISHED BY THE DEPARTMENT OF THE AIR FORCE, THERE APPEARS NO LEGAL BASIS FOR US TO TAKE FURTHER ACTION IN THE MATTER.