B-154154, JUN. 24, 1964

B-154154: Jun 24, 1964

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TO MCCARTY AND WHEATLEY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 8. THE INVITATION WAS FOR BIDS ON MANUFACTURE OF A STEEL FISHING BOAT. THE INVITATION WAS MODIFIED BY SPECIAL NOTICE NO. 2. WHICH ALL BIDDERS WERE REQUIRED TO ACKNOWLEDGE AND RETURN ON OR BEFORE THE TIME SET FOR BID OPENING. ITS BID APPARENTLY WOULD HAVE BEEN SUBJECT TO REJECTION. IT IS REPORTED THAT WHEN THE QUESTION OF POSSIBLE AWARD AROSE IT WAS LEARNED THAT SUBSTANTIAL ADDITIONAL FUNDS WOULD BE NEEDED. FOR WHICH THE PROCUREMENT WAS BEING CONDUCTED. ADVISED GENERAL SERVICES ADMINISTRATION THAT ADDITIONAL FUNDS WERE NOT AVAILABLE AND THAT THE SPECIFICATIONS MUST THEREFORE BE REVISED TO PROVIDE ONLY THE HULL AND BASIC EQUIPMENT ESSENTIAL FOR DELIVERY OF THE BOAT IN ABIDJAN.

B-154154, JUN. 24, 1964

TO MCCARTY AND WHEATLEY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 8, 1964, PROTESTING ON BEHALF OF YOUR CLIENT, J. H. MARTINAC SHIPBUILDING CORPORATION, AGAINST FAVORABLE CONSIDERATION OF A BID MADE BY GRAFTON BOAT COMPANY, INC., UNDER INVITATION NO. FPNMV-F-29120-A-4-30-64 ISSUED BY GENERAL SERVICES ADMINISTRATION.

THE INVITATION WAS FOR BIDS ON MANUFACTURE OF A STEEL FISHING BOAT. THE INVITATION WAS MODIFIED BY SPECIAL NOTICE NO. 2, WHICH ALL BIDDERS WERE REQUIRED TO ACKNOWLEDGE AND RETURN ON OR BEFORE THE TIME SET FOR BID OPENING. THE NOTICE STATED THAT FAILURE TO DO SO WOULD BE CAUSE FOR REJECTION OF BID. SINCE GRAFTON FAILED TO ACKNOWLEDGE SPECIAL NOTICE NO. 2, ITS BID APPARENTLY WOULD HAVE BEEN SUBJECT TO REJECTION. HOWEVER, IT IS REPORTED THAT WHEN THE QUESTION OF POSSIBLE AWARD AROSE IT WAS LEARNED THAT SUBSTANTIAL ADDITIONAL FUNDS WOULD BE NEEDED. THE AGENCY FOR INTERNATIONAL DEVELOPMENT, FOR WHICH THE PROCUREMENT WAS BEING CONDUCTED, ADVISED GENERAL SERVICES ADMINISTRATION THAT ADDITIONAL FUNDS WERE NOT AVAILABLE AND THAT THE SPECIFICATIONS MUST THEREFORE BE REVISED TO PROVIDE ONLY THE HULL AND BASIC EQUIPMENT ESSENTIAL FOR DELIVERY OF THE BOAT IN ABIDJAN. WE ARE ADVISED BY GENERAL SERVICES ADMINISTRATION THAT NO AWARD WILL THEREFORE BE MADE UNDER THE INVITATION. SINCE TIME CONSIDERATIONS ARE PRESENT IT IS ANTICIPATED THAT THE PROCUREMENT WILL BE NEGOTIATED UNDER SECTION 302 /C) (14) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT, AS AMENDED, 41 U.S.C. 252 (C) (14), AND PURSUANT TO THE PROVISIONS OF SECTION 633 OF THE ACT FOR INTERNATIONAL DEVELOPMENT OF 1961, PUB. L. 87-195, 22 U.S.C. 2393. PRESUMABLY ALL BIDDERS ON THE PREVIOUS INVITATION WILL BE ELIGIBLE TO PARTICIPATE IN SUCH NEGOTIATIONS.