B-151814, SEP. 18, 1963

B-151814: Sep 18, 1963

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THE REQUEST FOR PROPOSALS AS AMENDED REQUIRED OFFERORS TO HAVE AUTHORIZATION FROM THE PORTUGUESE GOVERNMENT AND PORTUGUESE AIR FORCE TO HANDLE POL PRODUCTS AND TO PERFORM POL SERVICES IN PORTUGAL AND SPECIFICALLY AT PORTUGUESE AIR BASE NO. 4. YOUR OFFER WAS NOT ACCEPTED AND AWARD WAS MADE ON JUNE 27. AS YOU WERE ADVISED BY TELEGRAM RECEIVED ON JUNE 13. IT WAS FURTHER STATED THAT ONLY THE PORTUGUESE GOVERNMENT IN LISBON HAD THE AUTHORITY TO GRANT SUCH CONCESSIONS. IT WAS MADE CLEAR THAT SIX FIRMS HAD ALREADY BEEN APPROVED BY THE PORTUGUESE GOVERNMENT AND THAT THE APPROVAL OF ANY ADDITIONAL AMERICAN CONCERNS WOULD NOT BE CONSIDERED. UNDER THE CIRCUMSTANCES AND IN VIEW OF THE UNQUALIFIED REFUSAL OF THE PORTUGUESE GOVERNMENT TO RECOGNIZE THE CERTIFICATION EXECUTED IN YOUR FAVOR OR TO CONSIDER ANY FIRM OTHER THAN THE SIX WHOSE CERTIFICATIONS HAVE ALREADY BEEN APPROVED.

B-151814, SEP. 18, 1963

TO NEW ENGLAND TANK INDUSTRIES OF NEW HAMPSHIRE, INC.:

WE REFER AGAIN TO YOUR LETTER OF JUNE 14, 1963, WITH ENCLOSURES, CONCERNING THE REJECTION OF YOUR PROPOSAL SUBMITTED PURSUANT TO RFQ 61 040 -63-16 ISSUED JANUARY 22, 1963 FOR INTO-PLANE AND PETROLEUM OIL LUBRICANT MAINTENANCE SERVICES AT LAJES FIELD, THE AZORES, FOR FISCAL YEAR 1964.

THE REQUEST FOR PROPOSALS AS AMENDED REQUIRED OFFERORS TO HAVE AUTHORIZATION FROM THE PORTUGUESE GOVERNMENT AND PORTUGUESE AIR FORCE TO HANDLE POL PRODUCTS AND TO PERFORM POL SERVICES IN PORTUGAL AND SPECIFICALLY AT PORTUGUESE AIR BASE NO. 4, LAJES FIELD, BY THE TIME OF THE CONTEMPLATED AWARD OF THE CONTRACT. YOUR OFFER CONTAINED THE LOWEST PRICE SUBMITTED. IN ADDITION, YOU FURNISHED TO THE CONTRACTING AGENCY A CERTIFICATE EXECUTED BY THE PORTUGUESE MILITARY ATTACHE AT WASHINGTON ON MARCH 28, 1963, GIVING YOU A WORK PERMIT TO PERFORM THE SERVICE IN QUESTION. NOTWITHSTANDING THAT CERTIFICATION, YOUR OFFER WAS NOT ACCEPTED AND AWARD WAS MADE ON JUNE 27, 1963, TO ANOTHER FIRM AT A PRICE HIGHER THAN THAT OFFERED BY YOU.

AS YOU WERE ADVISED BY TELEGRAM RECEIVED ON JUNE 13, 1963, PORTUGUESE OFFICIALS AT LAJES DECLINED TO RECOGNIZE THE VALIDITY OF THE CERTIFICATE YOU SUBMITTED CONTENDING THAT IT HAD BEEN ISSUED IN ERROR BY A PERSON ACTING BEYOND HIS AUTHORITY. IT WAS FURTHER STATED THAT ONLY THE PORTUGUESE GOVERNMENT IN LISBON HAD THE AUTHORITY TO GRANT SUCH CONCESSIONS. IN ADDITION, IT WAS MADE CLEAR THAT SIX FIRMS HAD ALREADY BEEN APPROVED BY THE PORTUGUESE GOVERNMENT AND THAT THE APPROVAL OF ANY ADDITIONAL AMERICAN CONCERNS WOULD NOT BE CONSIDERED.

THE SITUATION RESULTING IN THE NEED FOR SERVICES TO BE PERFORMED UNDER THE CONTRACT ON PORTUGUESE TERRITORY, EXISTS ONLY BY VIRTUE OF AGREEMENT WITH THE GOVERNMENT OF PORTUGAL. UNDER THE CIRCUMSTANCES AND IN VIEW OF THE UNQUALIFIED REFUSAL OF THE PORTUGUESE GOVERNMENT TO RECOGNIZE THE CERTIFICATION EXECUTED IN YOUR FAVOR OR TO CONSIDER ANY FIRM OTHER THAN THE SIX WHOSE CERTIFICATIONS HAVE ALREADY BEEN APPROVED, WE CANNOT FIND THAT THE CONTRACTING AGENCY HAD ANY ALTERNATIVE TO THE ACTION TAKEN.