B-140066, NOV. 19, 1959

B-140066: Nov 19, 1959

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TO AMERICAN SECURITY RANGERS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 23. PARAGRAPHS 16 AND 17 OF THE TERMS AND CONDITIONS INCLUDED IN THE INVITATION WERE AS FOLLOWS: "16. ANY BID SUBMITTED BY SUCH FIRM OR INDIVIDUAL WILL BE REJECTED. "17. BIDDER REPRESENTS THAT HE IS NOT ENGAGED IN DETECTIVE WORK AND THAT DURING THE PERIOD OF THE CONTRACT HE WILL PERFORM NO DETECTIVE WORK.'. THE CONTRACTING OFFICER STATES THAT A FAVORABLE FACILITY CAPABILITY REPORT ON THE BIDDER WAS RECEIVED FROM THE SAN DIEGO AIR PROCUREMENT DISTRICT UNDER DATE OF JUNE 1. AWARD WAS MADE TO RODGERS POLICE PATROL SUBJECT TO APPROVAL OF HEADQUARTERS. THE CONTRACT WAS APPROVED BY THE DEPUTY DIRECTOR. IT IS REPORTED THAT RODGERS POLICE PATROL HAS BEEN RENDERING SATISFACTORY SERVICE UNDER THE CONTRACT SINCE JULY 1.

B-140066, NOV. 19, 1959

TO AMERICAN SECURITY RANGERS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 23, 1959, PROTESTING AGAINST THE PROPOSED AWARD OF A CONTRACT TO RODGERS POLICE PATROL UNDER INVITATION FOR BIDS NO. 04-684-59-96 ISSUED BY THE BASE PROCUREMENT OFFICE, VANDENBERG AIR FORCE BASE, CALIFORNIA, ON MAY 1, 1959.

THE INVITATION AS AMENDED REQUESTED BIDS--- TO BE OPENED MAY 25, 1959--- FOR FURNISHING ,SUFFICIENT PERSONNEL, EQUIPMENT, MATERIALS AND SUPPLIES TO PROVIDE ARMED GUARD SERVICE FOR AN ESTIMATED TWENTY-TWO (22) ONE (1) MAN GUARD POSTS TO BE MANNED TWENTY-FOUR (24) HOURS PER DAY SEVEN (7) DAYS PER WEEK" AT VANDENBERG AIR FORCE BASE DURING THE PERIOD FROM JULY 1, 1959, THROUGH JUNE 30, 1960, AND ALSO FURNISHING PERSONNEL TO RENDER CERTAIN SUPERVISORY, CLERICAL AND COMMUNICATION SERVICES.

IN RESPONSE TO THE INVITATION, RODGERS POLICE PATROL SUBMITTED THE LOW BID IN THE AMOUNT OF $1,834 PER POST PER MONTH. THE NINE OTHER BIDS RECEIVED RANGED FROM $1,888.56 (BID OF FEDERAL GUARD SERVICE, INC.) TO $3,320.84 PER POST PER MONTH. YOU SUBMITTED THE THIRD LOW BID.

PARAGRAPHS 16 AND 17 OF THE TERMS AND CONDITIONS INCLUDED IN THE INVITATION WERE AS FOLLOWS:

"16. NOTICE TO BIDDERS:

"THE ACT OF MARCH 3, 1893 (27 STAT. 591; 5 U.S.C. 53) PROVIDES: "NO EMPLOYEE OF THE PINKERTON DETECTIVE AGENCY, OR SIMILAR AGENCY, SHALL BE EMPLOYED IN ANY GOVERNMENT SERVICE OR BY ANY OFFICER OF THE DISTRICT OF COLUMBIA.'

"NO AWARD MAY BE MADE UNDER THIS INVITATION TO ANY FIRM OR INDIVIDUAL ENGAGED, IN WHILE OR PART, IN WORK CUSTOMARILY PERFORMED BY A DETECTIVE AGENCY AS SUCH, AND ANY BID SUBMITTED BY SUCH FIRM OR INDIVIDUAL WILL BE REJECTED.

"17. BIDDERS STATEMENT:

"THE BIDDER SHALL SIGN THE FOLLOWING STATEMENT IN THE SPACE PROVIDED. FAILURE TO SIGN THIS STATEMENT SHALL RESULT IN REJECTION OF BID. BIDDER REPRESENTS THAT HE IS NOT ENGAGED IN DETECTIVE WORK AND THAT DURING THE PERIOD OF THE CONTRACT HE WILL PERFORM NO DETECTIVE WORK.'

GEORGE J. RODGERS, OWNER OF RODGERS POLICY PATROL, SIGNED THE "BIDDERS STATEMENT" ABOVE QUOTED.

THE CONTRACTING OFFICER STATES THAT A FAVORABLE FACILITY CAPABILITY REPORT ON THE BIDDER WAS RECEIVED FROM THE SAN DIEGO AIR PROCUREMENT DISTRICT UNDER DATE OF JUNE 1, 1959. AWARD WAS MADE TO RODGERS POLICE PATROL SUBJECT TO APPROVAL OF HEADQUARTERS, AIR MATERIEL COMMAND, AND ON JULY 5, 1959, THE CONTRACT WAS APPROVED BY THE DEPUTY DIRECTOR, PROCUREMENT HEADQUARTERS, AIR MATERIEL COMMAND (CONTRACT NO. AF 04 (684/- 431). IT IS REPORTED THAT RODGERS POLICE PATROL HAS BEEN RENDERING SATISFACTORY SERVICE UNDER THE CONTRACT SINCE JULY 1, 1959.

THE DEPARTMENT OF THE AIR FORCE REPORTS THAT ITS OFFICE OF SPECIAL INVESTIGATIONS HAS COMPLETED AN INVESTIGATION OF THE STATUS OF RODGERS POLICE PATROL AND THE K-D DETECTIVE AND PATROL AGENCY REFERRED TO IN YOUR LETTER. IT IS REPORTED THAT UNDER THE PRIVATE INSURANCE AND ADJUSTER'S ACT OF CALIFORNIA, LICENSES ARE DESIGNATED AS FOLLOWS:

" "A" - PRIVATE INVESTIGATOR'S LICENSE; "B" - INSURANCE ADJUSTER'S LICENSE; "C" - PRIVATE PATROL LICENSE; "D" PRIVATE INVESTIGATOR AND INSURANCE ADJUSTER LICENSE; "E" - OPERATIONS TO INCLUDE "A," "B," AND "C.'"

IT IS REPORTED FURTHER THAT PRIOR TO MARCH 11, 1959, GEORGE J. RODGERS, SOLE OWNER OF RODGERS POLICE PATROL, HAD A CLASS "E" LICENSE WHICH AUTHORIZED HIM TO PERFORM PRIVATE INVESTIGATIONS BUT THAT ON THAT DATE HE HAD HIS CLASS "E" LICENSE NO. 2036 CHANGED TO A CLASS "C" LICENSE WHICH DOES NOT AUTHORIZE PRIVATE INVESTIGATIONS.

WITH RESPECT TO THE E-D DETECTIVE AND PATROL AGENCY, IT IS REPORTED THAT PAUL F. KUNDRAT, SOLE OWNER OF THAT AGENCY, HAS A CLASS "A" PRIVATE INVESTIGATOR'S LICENSE NO. 2222 FOR THE AGENCY BUT THAT THERE ARE NO INDICATIONS THAT EITHER MR. RODGERS OR MR. KUNDRAT HAS A FINANCIAL OR OPERATING INTEREST IN THE BUSINESS OF THE OTHER.

THERE IS REPORTED FURTHER THE DEPARTMENT'S CONCLUSION THAT RODGERS POLICE PATROL WAS NOT OPERATING AS A DETECTIVE AGENCY AT THE TIME WHEN IT SIGNED THE REQUIRED STATEMENT IN THE INVITATION AND THAT THERE HAS NOT BEEN FOUND ANY EVIDENCE THAT RODGERS POLICY PATROL IN NOW PERFORMING, OR HAS PERFORMED, ANY DETECTIVE WORK SINCE THE AWARD OF THE CONTRACT.

FOR THE REASONS ABOVE SET FORTH, THERE DOES NOT APPEAR ANY PROPER BASIS FOR OBJECTION BY OUR OFFICE TO THE ACTION OF THE CONTRACTING OFFICER IN MAKING THE AWARD TO RODGERS POLICE PATROL.