B-151145, JUNE 17, 1963, 42 COMP. GEN. 692

B-151145: Jun 17, 1963

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WHICH CLAUSE IS MUCH LESS STRINGENT THAN THE NONDISCRIMINATION CLAUSE CONTRACTING AGENCIES ARE REQUIRED TO INCLUDE IN GOVERNMENT CONTRACTS UNDER EXECUTIVE ORDER NO. 10925. THE CONTRACTING AGENCY DOES NOT HAVE AUTHORITY TO ENTER INTO CONTRACTS WITHOUT THE MORE STRINGENT NONDISCRIMINATION CLAUSE. HAMMONDS AS SUCCESSFUL BIDDER REFUSED TO EXECUTE THE LEASE FORM SINCE THERE WAS ATTACHED THERETO AN EQUAL EMPLOYMENT STIPULATION WHICH HE PROTESTED VARIED IN TERMS AND CONDITIONS FROM THOSE CONTAINED IN THE REGULATIONS GOVERNING LEASES UNDER THE ACT. THUS THERE IS PRESENTED FOR OUR CONSIDERATION WHETHER. HAMMONDS' BID DEPOSIT IS REQUIRED TO BE FORFEITED ON ACCOUNT OF HIS FAILURE TO EXECUTE THE LEASE CONTAINING THE EQUAL EMPLOYMENT STIPULATIONS PRESCRIBED BY EXECUTIVE ORDER NO. 10925.

B-151145, JUNE 17, 1963, 42 COMP. GEN. 692

CONTRACTS - LABOR STIPULATIONS - NONDISCRIMINATION - CLAUSE VARIATIONS A NONDISCRIMINATION CLAUSE IN AN ADVERTISED OFFER FOR LEASING OF GAS AND OIL DEPOSITS ON SUBMERGED LANDS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT, 43 U.S.C. 1331, ET SEQ., WHICH CLAUSE IS MUCH LESS STRINGENT THAN THE NONDISCRIMINATION CLAUSE CONTRACTING AGENCIES ARE REQUIRED TO INCLUDE IN GOVERNMENT CONTRACTS UNDER EXECUTIVE ORDER NO. 10925, RESULTS IN A BID WHICH VARIES MATERIALLY FROM THE STATUTORY REGULATIONS APPLICABLE TO OIL AND GAS LEASES ISSUED IN ADVANCE OF THE SOLICITATION, AS WELL AS THE LEASE AGREEMENT AND, THEREFORE, NOT ONLY DOES THE REFUSAL BY THE SUCCESSFUL BIDDER TO EXECUTE THE LEASE WITH A DIFFERENT NONDISCRIMINATION CLAUSE NOT FURNISH ANY LEGAL BASIS FOR THE CONTRACTING AGENCY TO WITHHOLD THE BID DEPOSIT, BUT THE CONTRACTING AGENCY DOES NOT HAVE AUTHORITY TO ENTER INTO CONTRACTS WITHOUT THE MORE STRINGENT NONDISCRIMINATION CLAUSE, SO THAT A BID THAT DOES NOT OBLIGATE THE BIDDER TO COMPLY WITH EXECUTIVE ORDER NO. 10925 MUST BE REJECTED UNLESS THE BIDDER AGREES TO THE INCLUSION OF THE CLAUSE.

TO THE SECRETARY OF THE INTERIOR, JUNE 17, 1963:

BY LETTER DATED APRIL 24, 1963, WITH ENCLOSURES, THE DEPUTY ADMINISTRATIVE ASSISTANT SECRETARY FURNISHED A REPORT ON THE PROTEST OF MR. G. SCOTT HAMMONDS AGAINST YOUR DEPARTMENT'S DECISION OF MARCH 20, 1963 (A-29733), WHICH AFFIRMED A DECISION OF THE DIRECTOR, BUREAU OF LAND MANAGEMENT, HOLDING MR. HAMMONDS TO HIS HIGH BID FOR THE LEASE OF CERTAIN LANDS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT, 43 U.S.C. 1331, ET SEQ.

MR. HAMMONDS AS SUCCESSFUL BIDDER REFUSED TO EXECUTE THE LEASE FORM SINCE THERE WAS ATTACHED THERETO AN EQUAL EMPLOYMENT STIPULATION WHICH HE PROTESTED VARIED IN TERMS AND CONDITIONS FROM THOSE CONTAINED IN THE REGULATIONS GOVERNING LEASES UNDER THE ACT. AS A RESULT OF MR. HAMMONDS' REFUSAL TO EXECUTE THE LEASE, YOUR DEPARTMENT HAS WITHHELD HIS BID DEPOSIT OF $48,356.51 AS A FORFEITURE PURSUANT TO THE PROVISIONS OF SECTION 201.23, TITLE 43, CFR. THUS THERE IS PRESENTED FOR OUR CONSIDERATION WHETHER, UNDER ALL THE CIRCUMSTANCES AND THE APPLICABLE LAW MR. HAMMONDS' BID DEPOSIT IS REQUIRED TO BE FORFEITED ON ACCOUNT OF HIS FAILURE TO EXECUTE THE LEASE CONTAINING THE EQUAL EMPLOYMENT STIPULATIONS PRESCRIBED BY EXECUTIVE ORDER NO. 10925.

A NOTICE OF SALE OF OIL AND GAS LEASES DATED JANUARY 5, 1962, WAS PUBLISHED IN PART I OF 27 FEDERAL REGISTER 348. THIS NOTICE READ IN PART AS FOLLOWS:

PURSUANT TO SECTION 8 OF THE OUTER CONTINENTAL SHELF LANDS ACT (67 STAT. 462; 43 U.S.C. SEC. 1331 ET SEQ.) AND THE REGULATIONS ISSUED THEREUNDER (43 CFR PART 201), SEALED BIDS ADDRESSED TO THE MANAGER, BUREAU OF LAND MANAGEMENT OFFICE, T-9003 FEDERAL OFFICE BUILDING, 701 LOYOLA AVENUE, NEW ORLEANS 12, LOUISIANA, WILL BE RECEIVED ON OR BEFORE MARCH 13, 1962, AT 9:00 A.M., E.S.T., FOR THE LEASE OF OIL AND GASIN CERTAIN AREAS OF THE OUTER CONTINENTAL SHELF, ADJACENT TO THE STATE OF LOUISIANA.

SECTION 8 (A) OF THE OUTER CONTINENTAL SHELF LANDS ACT, 43 U.S.C. 1337 (A), PROVIDES IN PART THAT:

* * * THE SECRETARY IS AUTHORIZED TO GRANT TO THE HIGHEST RESPONSIBLE QUALIFIED BIDDER BY COMPETITIVE BIDDING UNDER REGULATIONS PROMULGATED IN ADVANCE, OIL AND GAS LEASES ON SUBMERGED LANDS OF THE OUTER CONTINENTAL SHELF * * *.

THE REGULATIONS REFERRED TO IN SECTION 8 (A), AND CODIFIED IN 43 CFR 201.20, ET SEQ., PROVIDE THAT THE NOTICE OF LEASE OFFER MAY CONTAIN SPECIAL CONDITIONS WHICH WILL BECOME PART OF THE LEASE TO BE ISSUED, AND THAT OIL AND GAS LEASES WILL BE ISSUED ON FORM 4-1255. SECTION 2 (K) OF THIS FORM, AS CONTAINED IN PAGES 2666-2668 OF PART 5, 19 FEDERAL REGISTER, PROVIDES FOR NONDISCRIMINATION IN EMPLOYMENT IN LANGUAGE MUCH LESS ELABORATE THAN THAT PRESENTLY PRESCRIBED BY EXECUTIVE ORDER NO. 10925.

THE EXECUTIVE ORDER DATED MARCH 6, 1961, REQUIRES THAT EVERY GOVERNMENT CONTRACT INCLUDE PROVISIONS REQUIRING THE CONTRACTOR (1) NOT TO DISCRIMINATE IN EMPLOYMENT AND TO TAKE AFFIRMATIVE ACTION TO INSURE AGAINST DISCRIMINATION IN CARRYING OUT THE CONTRACT, INCLUDING POSTING NONDISCRIMINATION NOTICES AND SENDING THEM TO LABOR UNIONS AND OTHER EMPLOYEE ORGANIZATIONS; (2) IN ADVERTISING FOR EMPLOYEES TO STATE THERE WILL BE NO DISCRIMINATION IN EMPLOYMENT; (3) TO COMPLY WITH ALL PROVISIONS OF THE EXECUTIVE ORDER AND ORDERS OF THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY ESTABLISHED THEREUNDER; AND (4) TO PERMIT ACCESS TO RECORDS BY THE CONTRACTING AGENCY AND THE COMMITTEE FOR PURPOSES OF ASCERTAINING COMPLIANCE WITH REGULATIONS AND ORDERS. IT FURTHER REQUIRES THE INCLUSION IN THE CONTRACT OF A PROVISION THAT FAILURE TO COMPLY MAY RESULT IN COMPLETE OR PARTIAL CANCELLATION OF THE CONTRACT AND DEBARMENT FROM FUTURE GOVERNMENT CONTRACTS. IN ADDITION, THE CONTRACTOR IS REQUIRED TO AGREE THAT THE SAME PROVISIONS WILL BE INCLUDED IN ALL SUBCONTRACTS AND PURCHASE ORDERS AND TO FILE COMPLIANCE REPORTS INCLUDING INFORMATION ON EMPLOYEE ORGANIZATION PRACTICES WITH RESPECT TO DISCRIMINATION. FINALLY, UNDER THE EXECUTIVE ORDER, BIDDERS MAY BE REQUIRED TO STATE WHETHER THEY HAVE PARTICIPATED IN PRIOR CONTRACTS SUBJECT TO THE ORDER AND TO FURNISH COMPLIANCE REPORTS WITH BIDS OR PROPOSALS FOR THEMSELVES AND THEIR PROPOSED SUBCONTRACTORS.

THUS, THE PROVISIONS OF THE EXECUTIVE ORDER WITH RESPECT TO EXAMINATION OF RECORDS, CONTRACT TERMINATION, DEBARMENT, AND REPORTING DIFFER SUBSTANTIALLY FROM THE PROVISION IN SECTION 2 (K) OF FORM 4 1255.

THAT EXECUTIVE ORDER NO. 10925 HAS THE FORCE AND EFFECT OF STATUTE CANNOT BE SERIOUSLY ARGUED. SEE UNITED STATES V. J. D. STREETT AND CO., 151 F.SUPP. 469; UNITED STATES V. ANGCOG, 190 F.SUPP. 696; 40 COMP. GEN. 592. SUCH FACT, TOGETHER WITH THE PUBLICATION OF THE ORDER IN THE FEDERAL REGISTER, WAS SUFFICIENT TO GIVE NOTICE OF THE ORDER'S CONTENTS TO "ANY PERSON SUBJECT OR AFFECTED THEREBY.' 44 U.S.C. 307; TOLEDO, P. AND W. R.R. V. STOVER, ET AL., 60 F.SUPP. 587; FEDERAL CROP INSURANCE CORP. V. MERRILL, 332 U.S. 380; KEMPE V. UNITED STATES, 151 F.2D 680; FLANAGAN V. UNITED STATES, 145 F.2D 740; 38 OP.ATTY.GEN. 359. HOWEVER, IT IS SIGNIFICANT TO NOTE THAT THE SUPREME COURT IN ARRIVING AT ITS DECISION IN THE MERRILL CASE HELD THAT:

* * * NOT ONLY DO THE WHEAT REGULATIONS LIMIT THE LIABILITY OF THE GOVERNMENT AS IF THEY HAD BEEN ENACTED BY CONGRESS DIRECTLY, BUT THEY WERE IN FACT INCORPORATED BY REFERENCE IN THE APPLICATION, AS SPECIFICALLY REQUIRED BY THE REGULATIONS.

HERE, THE PROVISIONS OF EXECUTIVE ORDER NO. 10925 WERE NOT INCORPORATED BY REFERENCE IN THE NOTICE OF SALE DATED JANUARY 5, 1962, NOR IN THE REGULATIONS CODIFIED IN 43 CFR 201.20, ET SEQ.

IT IS WELL SETTLED THAT ADMINISTRATIVE REGULATIONS ISSUED IN IMPLEMENTATION OF STATUTE, AS HERE, ARE BINDING NOT ONLY UPON PERSONS SUBJECT THERETO OR AFFECTED THEREBY BUT ALSO UPON THE HEAD OF THE AGENCY PROMULGATING THE REGULATIONS. SERVICE V. DULLES, 354 U.S. 364; SHERIDAN WYOMING COAL CO. V. KRUG, 172 F.2D 282.

REGULATIONS ISSUED PURSUANT TO EXECUTIVE ORDER NO. 10925 ARE CODIFIED IN 41 CFR 60. SECTION 601.3 (A) PROVIDES THAT:

EACH CONTRACTING AGENCY SHALL INCLUDE IN EACH OF ITS CONTRACTS * * * THE NON-DISCRIMINATION PROVISIONS OF SECTION 301 OF THE ORDER * * *.

UNDER 44 U.S.C. 307, PUBLICATION OF AN ORDER IN THE FEDERAL REGISTER IS NOTICE THEREOF TO "ANY PERSON SUBJECT OR AFFECTED THEREBY.' HOWEVER, SINCE THE ABOVE MANDATORY REQUIREMENT IS DIRECTED TO GOVERNMENT CONTRACTING AGENCIES, WE DO NOT BELIEVE THAT BIDDERS OR OFFERORS ARE ON NOTICE THAT IF THEY ARE SUCCESSFUL IN THEIR BIDDING OR NEGOTIATIONS, THEIR RESULTING CONTRACTS WILL CONTAIN THE PRESCRIBED NONDISCRIMINATION PROVISIONS, UNLESS THE INVITATION OR REQUEST FOR PROPOSALS INCLUDES, OR INCORPORATES BY REFERENCE, SUCH PROVISIONS. LIKE ANY OTHER CONTRACT PROVISION, THE NONDISCRIMINATION PROVISIONS MUST BE AGREED TO BY THE BIDDER OR OFFEROR EITHER IN HIS BID OR OFFER OR BY KNOWINGLY EXECUTING A CONTRACT CONTAINING SUCH PROVISIONS. SUCH MANDATORY PROVISIONS ARE REQUIRED TO BE INCLUDED IN "CONTRACTS" BY EACH "CONTRACTING AGENCY.' IS HARDLY TO BE CONCEIVED THAT THE ORDER IS AUTOMATICALLY BINDING UPON A BIDDER UNDER AN INVITATION WHICH DOES NOT CONTAIN ITS PROVISIONS OR A REFERENCE THERETO. SEE 20 COMP. GEN. 890; 40 ID. 565; 63 COL.L.REV. 243, 255-257.

IT IS NOT DISPUTED THAT MR. HAMMONDS SUBMITTED A BID PURSUANT TO A STATUTORY REGULATION ISSUED ,IN ADVANCE" OF THE SOLICITATION; THAT THE REGULATION PROVIDED THAT THE LEASE WOULD BE ISSUED ON FORM 4-1255; AND THAT FORM 4-1255 CONTAINS IN SECTION 2 (K) A NONDISCRIMINATION PROVISION. ALSO, THERE IS NO DOUBT THAT LEASING OF GAS AND OIL DEPOSITS UNDER 43 U.S.C. 1337 (A) MUST BE AWARDED PURSUANT TO COMPETITIVE BIDDING PROCEDURES. THAT BEING SO, THE CONTRACT AWARDED AFTER SUCH COMPETITIVE BIDDING MUST BE THE IDENTICAL CONTRACT OFFERED TO ALL BIDDERS RESPONDING TO THE ADVERTISEMENT. DIAMOND V. CITY OF MANKATO, 93 N.W. 911; 61 L.R.A. 448; 40 COMP. GEN. 447.

THE ADVERTISEMENT OFFERING TO LEASE GAS AND OIL SUBMERGED LANDS ADVISED INTERESTED BIDDERS THAT LEASES WOULD BE EXECUTED, PURSUANT TO REGULATIONS ISSUED IN ADVANCE ON A FORM WHICH WOULD OBLIGATE THE LEASEE NOT "TO DISCRIMINATE AGAINST ANY EMPLOYEE, OR APPLICANT FOR EMPLOYMENT, BECAUSE OF RACE, CREED, COLOR OR NATIONAL ORIGIN, AND TO REQUIRE AN IDENTICAL PROVISION TO BE INCLUDED IN ALL SUB-CONTRACTS RELATING TO OPERATIONS UNDER THIS LEASE.' THIS WAS THE KIND OF NONDISCRIMINATION PROVISION WHICH BIDDERS UNDER THE INSTANT SOLICITATION AGREED TO WHEN THEY SUBMITTED THEIR BIDS AND UPON WHICH THEY AGREED TO BECOME BOUND IF THEIR BIDS WERE ACCEPTED AS TENDERED. WE DO NOT AGREE THAT SUBSTANTIALLY DIFFERENT NONDISCRIMINATION PROVISIONS PROPERLY MAY BE IMPOSED UPON MR. HAMMONDS WHO HAD RESPONDED TO AN INVITATION CONTAINING MUCH LESS STRINGENT PROVISIONS. IN THAT CONNECTION, IT IS REASONABLY CLEAR THAT EXECUTIVE ORDER NO. 10925 CONTEMPLATES THAT ALL INVITATIONS MUST AFFIRMATIVELY ADVISE BIDDERS OF THE FACT THAT THE PRESCRIBED PROVISIONS WILL BE MADE A PART OF ANY RESULTING CONTRACT (SEE SECTION 60-1.5 (B) (1) OF THE REGULATIONS ISSUED UNDER THE EXECUTIVE ORDER). IN ORDER THAT THERE MAY BE A MEETING OF THE MINDS--- WHICH IS ESSENTIAL TO THE FORMATION OF A CONTRACT--- THE ACCEPTANCE OF THE OFFER MUST BE IN TERMS SUBSTANTIALLY AS MADE. IN OTHER WORDS, THERE MUST BE NO MATERIAL VARIANCE BETWEEN THE ACCEPTANCE AND THE OFFER. CF. 40 COMP. GEN. 644 WHEREIN WE HELD, QUOTING THE SYLLABUS:

UNDER A CAPEHART HOUSING CONSTRUCTION INVITATION WHICH PROVIDED THAT ALL OF THE MATERIAL CONDITIONS OF THE CONTRACT WERE ESTABLISHED BY THE TERMS OF THE BID DOCUMENTS, INCLUDING A BUY AMERICAN ACT PROVISION PRECLUDING THE USE OF FOREIGN COPPER, THE ISSUANCE OF A LETTER OF ACCEPTABILITY OF A BIDDER BROUGHT INTO EXISTENCE A BINDING CONTRACT OBLIGATING THE CONTRACTOR TO EXECUTE A FORMAL CONTRACT WITH THE BUY AMERICAN ACT PROVISION AS ESTABLISHED IN THE INVITATION, NOTWITHSTANDING THAT A FORMAL CONTRACT DOCUMENT WHICH WAS SUBSEQUENTLY PRESENTED TO THE CONTRACTOR CONTAINED A DIFFERENT BUY AMERICAN ACT PROVISION WHICH, IN EFFECT, PERMITTED THE USE OF FOREIGN COPPER AND PROHIBITED OTHER FOREIGN ITEMS WHICH WERE PERMITTED ORIGINALLY UNDER THE INVITATION.

WE THEREFORE ARE OF THE OPINION THAT MR. HAMMONDS' REFUSAL TO EXECUTE A LEASE DIFFERING NOT ONLY FROM THE APPLICABLE STATUTORY REGULATIONS BUT ALSO FROM HIS BID FURNISHES NO LEGAL BASIS TO SUPPORT THE WITHHOLDING OR FORFEITURE OF HIS BID DEPOSIT. SINCE CONTRACTING AGENCIES HAVE NO AUTHORITY TO ENTER INTO CONTRACTS WHICH DO NOT CONTAIN THE PRESCRIBED NONDISCRIMINATION PROVISION, A BID SUBMITTED IN RESPONSE TO AN INVITATION WHICH DID NOT OBLIGATE THE BIDDER TO COMPLY WITH THE PROVISIONS OF THE EXECUTIVE ORDER MUST BE REJECTED UNLESS THE BIDDER, IF OTHERWISE ENTITLED TO AWARD, AGREES TO INCLUSION OF THE PRESCRIBED PROVISIONS.

IN CONCLUDING THAT THE AMOUNT OF MR. HAMMONDS' BID BOND SHOULD BE REFUNDED, WE HAVE NOT OVERLOOKED THE CASE OF SCHOOL DISTRICT 2 FRACTIONAL V. UNITED STATES, 229 F.2D 681, CITED IN THE LETTER OF THE DEPUTY ADMINISTRATIVE ASSISTANT SECRETARY, OR THE DECISION OF OUR OFFICE REPORTED AT 36 COMP. GEN. 323, WHICH WAS CITED IN YOUR DEPARTMENT'S DECISION OF MARCH 20, 1963.

WHILE THE RATIONALE OF THE SCHOOL DISTRICT CASE WOULD APPEAR TO LEND SUPPORT TO THE POSITION OF YOUR DEPARTMENT, WE DO NOT FEEL THAT IT IS DISPOSITIVE OF THE INSTANT MATTER. IN THAT CASE, THE EXECUTED AGREEMENT WAS SPECIFICALLY SUBJECT TO THE PROVISIONS OF THE APPLICABLE SURPLUS PROPERTY REGULATION "AS AMENDED FROM TIME TO TIME.' HENCE, THE AGREEMENT BY ITS TERMS HAD TO BE READ IN THE LIGHT OF THEN EXISTING REGULATION WHICH WAS BINDING ON BOTH PARTIES. ALSO, THE REGULATION THERE INVOLVED WAS AN ADMINISTRATIVE REGULATION WHICH HAS BEEN SUPERSEDED BY A LESS STRINGENT REGULATION, WHEREAS, IN THE INSTANT MATTER, THE STATUTE ITSELF (43 U.S.C. 1337 (A) ( REQUIRED THAT OIL AND GAS LEASES BE GRANTED BY COMPETITIVE BIDDING "UNDER REGULATIONS ISSUED IN ADVANCE.' THUS, BY STATUTE COMPETITIVE GAS AND OIL LEASES WERE SUBJECT SOLELY TO STATUTORY REGULATIONS ISSUED IN ADVANCE. WE THEREFORE ARE OF THE OPINION THAT THE REGULATIONS HERE INVOLVED ARE CLEARLY DISTINGUISHABLE FROM THE REGULATION CONSIDERED BY THE COURT IN THE SCHOOL DISTRICT CASE.

IN 36 COMP. GEN. 323, CITED IN YOUR DEPARTMENT'S DECISION OF MARCH 20, 1963, WE HELD THAT EXECUTIVE ORDER NO. 10582, IMPLEMENTING THE BUY AMERICAN ACT, 41 U.S.C. 10A, WAS NOTICE TO ALL BIDDERS SINCE IT WAS DULY PUBLISHED IN THE FEDERAL REGISTER. HOWEVER, IN THAT CASE, THE INVITATION INCLUDED A BUY AMERICAN ACT PROVISION WHEREUNDER THE CONTRACTOR AGREED TO DELIVER ONLY MANUFACTURED SUPPLIES AS HAVE BEEN MANUFACTURED IN THE UNITED STATES SUBSTANTIALLY ALL FROM SUPPLIES MINED, PRODUCED OR MANUFACTURED IN THE UNITED STATES. THE EXECUTIVE ORDER CLARIFIED THE TERM "SUBSTANTIALLY" BY PROVIDING A FORMULA TO INSURE UNIFORM DETERMINATION UNDER THE ACT. SINCE BIDDERS WERE IN ANY EVENT BOUND BY THE PROVISIONS OF THE ACT, THE EXECUTIVE ORDER AS PUBLISHED IN THE FEDERAL REGISTER CONSTITUTED NOTICE OF AN ADMINISTRATIVE INTERPRETATION OF THE STATUTE WHICH HAD TO BE APPLIED IN DETERMINING THE LEGALITY OF AN AWARD SUBJECT TO THE SAME STATUTE. SITUATION IS NOT ANALOGOUS IN THE INSTANT CASE BECAUSE EXECUTIVE ORDER NO. 10925 IN ITSELF STIPULATES CONDITIONS FOR INCLUSION IN CONTRACTS, WHEREAS, IN THE CITED CASE, EXECUTIVE ORDER NO. 10582 MERELY EXPLAINED THE APPLICATION OF A REQUIREMENT THAT HAD ALREADY BEEN INCLUDED IN THE INVITATION. IN THE CITED CASE, THE REQUIREMENT IN QUESTION COULD WELL HAVE BEEN ADMINISTRATIVELY CONSTRUED WITHOUT THE BENEFIT OF AN EXECUTIVE ORDER, THE PURPOSE OF EXECUTIVE ORDER NO. 10582 BEING FOR THE PURPOSE OF OBTAINING A UNIFORM APPLICATION OF THE STATUTORY REQUIREMENT INVOLVED. THUS, EXECUTIVE ORDER NO. 10582 WAS MORE IN THE NATURE OF A DETERMINATION INTERPRETIVE OF A STATUTORY PROVISION RATHER THAN AN IMPOSITION OF REQUIREMENTS AS IN THE CASE OF EXECUTIVE ORDER NO. 10925.

NEITHER DO WE FEEL THAT THE REGULATIONS CODIFIED AT 43 CFR 201.20, ET SEQ., OR THE LEASE FORM 4-1255, WERE MODIFIED BY IMPLICATION OR OPERATION OF LAW UPON PUBLICATION OF THE EXECUTIVE ORDER IN THE FEDERAL REGISTER SO AS TO AFFECT THE RIGHTS OF BIDDERS RESPONDING TO THE SUBJECT OFFER TO LEASE OIL AND GAS LANDS UNDER "REGULATIONS PROMULGATED IN ADVANCE" OF SOLICITATION AS PRESCRIBED BY 43 U.S.C. 1337 (A).