B-144931, APR. 17, 1961

B-144931: Apr 17, 1961

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TO TORTUGA MARINE SALVAGE COMPANY: REFERENCE IS MADE TO YOUR TELEGRAM OF JANUARY 30. WE WERE INFORMED THAT THE PROCUREMENT OFFICIALS DEEMED IT TO BE IN THE BEST INTERESTS OF THE UNITED STATES TO MODIFY THE INVOLVED SPECIFICATIONS BY REQUIRING PRIOR COAST GUARD CERTIFICATION. IT IS ASSUMED THAT THE OTHER MATTERS QUESTIONED IN YOUR PROTEST ARE SATISFACTORILY DISPOSED OF BY THE SAID ACTION WHICH AFFORDS YOU THE OPPORTUNITY OF BIDDING ON THE REVISED REQUIREMENTS. THE PAPERS TRANSMITTED WITH COVERING LETTER OF THAT DATE ARE RETURNED HEREWITH.

B-144931, APR. 17, 1961

TO TORTUGA MARINE SALVAGE COMPANY:

REFERENCE IS MADE TO YOUR TELEGRAM OF JANUARY 30, 1961, AND TO SUBSEQUENT CORRESPONDENCE FROM YOUR ATTORNEY, PROTESTING AGAINST THE ACTION TAKEN BY THE MILITARY SEA TRANSPORTATION SERVICE IN AWARDING CONTRACT NO. MST-OT-10 (X), TO LEEWARD TRADING COMPANY, AS LOW BIDDER UNDER INVITATION FOR BIDS NO. 37, COVERING THE CHARTER HIRE OF A VESSEL TO CARRY CARGO AND/OR PASSENGERS BETWEEN ISLANDS IN THE BAHAMA GROUP.

BY LETTER OF MARCH 30, 1961, THE ADMINISTRATIVE OFFICE ADVISED US THAT LEEWARD TRADING COMPANY DEFAULTED ON ITS CONTRACT BY FAILURE TO PRESENT WITHIN THE TIME SPECIFIED AN ACCEPTABLE VESSEL PROPERLY CERTIFIED BY THE UNITED STATES COAST GUARD AS REQUIRED BY THE TERMS OF THE INVITATION AND RESULTANT CONTRACT. ALSO, WE WERE INFORMED THAT THE PROCUREMENT OFFICIALS DEEMED IT TO BE IN THE BEST INTERESTS OF THE UNITED STATES TO MODIFY THE INVOLVED SPECIFICATIONS BY REQUIRING PRIOR COAST GUARD CERTIFICATION, AND SPECIFYING CHANGES IN CARGO AND REFRIGERATION SPACE.

IN VIEW OF THE CHANGE IN THE SPECIFICATIONS AND THE TIME WHICH HAS ELAPSED, THE DECISION TO READVERTISE APPEARS TO BE A PROPER EXERCISE OF ADMINISTRATIVE AUTHORITY, AND IT IS ASSUMED THAT THE OTHER MATTERS QUESTIONED IN YOUR PROTEST ARE SATISFACTORILY DISPOSED OF BY THE SAID ACTION WHICH AFFORDS YOU THE OPPORTUNITY OF BIDDING ON THE REVISED REQUIREMENTS.

IN RESPONSE TO YOUR ATTORNEY'S REQUEST OF FEBRUARY 6, 1961, THE PAPERS TRANSMITTED WITH COVERING LETTER OF THAT DATE ARE RETURNED HEREWITH.