B-140233, FEB. 3, 1961

B-140233: Feb 3, 1961

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 4. THERE WAS SUBMITTED WITH YOUR LETTER A PROPOSED ADDITION TO THE NASA PROCUREMENT REGULATIONS. THE ADDITIONAL REGULATIONS PROPOSED ARE SUBSTANTIALLY THE SAME AS THE CORRESPONDING PROVISIONS OF THE FEDERAL PROCUREMENT REGULATIONS WHICH WERE APPROVED BY US UNDER DATE OF AUGUST 1. THE AUTHORITY REQUESTED IS HEREBY GRANTED. NO OBJECTION IS NOTED TO THE PROPOSED REGULATIONS. IT WOULD SEEM THAT IN VERY FEW CASES WHERE THE REQUEST FOR CORRECTION IS DENIED ADMINISTRATIVELY WOULD THERE BE SUBSTANTIAL GROUNDS FOR RELIEF BY US. PROVIDES THAT THE ADMINISTRATIVE DETERMINATION SHALL NOT DEPRIVE ANY CONTRACTOR OF HIS RIGHT TO HAVE THE MATTER DETERMINED BY THE COMPTROLLER GENERAL AND IT IS ASSUMED THAT IF A CONTRACTOR SHOULD INQUIRE WHAT FURTHER ACTION HE COULD TAKE HE WOULD BE ADVISED THAT HE COULD REFER THE MATTER HERE FOR CONSIDERATION.

B-140233, FEB. 3, 1961

TO THE ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 4, 1961, REQUESTING THAT AUTHORITY BE GRANTED THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TO CORRECT CERTAIN MISTAKE IN BID CASES DISCLOSED AFTER AWARD. CASES DISCLOSED AFTER AWARD.

THERE WAS SUBMITTED WITH YOUR LETTER A PROPOSED ADDITION TO THE NASA PROCUREMENT REGULATIONS, PRESCRIBING THE PROCEDURES TO BE FOLLOWED IN THE EXERCISE OF THE REQUESTED AUTHORITY. THE ADDITIONAL REGULATIONS PROPOSED ARE SUBSTANTIALLY THE SAME AS THE CORRESPONDING PROVISIONS OF THE FEDERAL PROCUREMENT REGULATIONS WHICH WERE APPROVED BY US UNDER DATE OF AUGUST 1, 1960,B-130238.

THE AUTHORITY REQUESTED IS HEREBY GRANTED, AND NO OBJECTION IS NOTED TO THE PROPOSED REGULATIONS. HOWEVER, WE SUGGEST THAT THE CLAUSE AT THE END OF PARAGRAPH 2.406-4 (G),"AND SHALL ADVISE HIM OF HIS RIGHT TO REFER THE MATTER TO THE COMPTROLLER GENERAL," BE OMITTED. IN VIEW OF THE PROVISION FOR SUBMISSION OF DOUBTFUL CASES TO OUR OFFICE, IT WOULD SEEM THAT IN VERY FEW CASES WHERE THE REQUEST FOR CORRECTION IS DENIED ADMINISTRATIVELY WOULD THERE BE SUBSTANTIAL GROUNDS FOR RELIEF BY US. THEREFORE, TO ADVISE THE CONTRACTOR IN ALL SUCH CASES OF HIS RIGHT TO REFER THE MATTER HERE FOR CONSIDERATION WOULD MERELY RAISE FALSE HOPES AND WOULD SERVE NO USEFUL PURPOSE. FURTHERMORE, THE FOLLOWING PARAGRAPH, 2.406-4 (H), PROVIDES THAT THE ADMINISTRATIVE DETERMINATION SHALL NOT DEPRIVE ANY CONTRACTOR OF HIS RIGHT TO HAVE THE MATTER DETERMINED BY THE COMPTROLLER GENERAL AND IT IS ASSUMED THAT IF A CONTRACTOR SHOULD INQUIRE WHAT FURTHER ACTION HE COULD TAKE HE WOULD BE ADVISED THAT HE COULD REFER THE MATTER HERE FOR CONSIDERATION, OR THAT HE WOULD BE AWARE OF SUCH RIGHT.