B-154159, JUL. 21, 1964

B-154159: Jul 21, 1964

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GENERAL SERVICES ADMINISTRATION: REFERENCE IS MADE TO LETTER OF JUNE 16. BY LETTER OF TODAY SENATOR TOWER IS BEING ADVISED THAT UNDER THE CIRCUMSTANCE INVOLVED WE FIND NO LEGAL BASIS FOR DISTURBING THE AWARD MADE TO THE BUFFALO-SPRINGFIELD DIVISION. WHICH INDICATES THE PROCUREMENT COULD HAVE BEEN JUSTIFIED ON A NEGOTIATED BASIS.

B-154159, JUL. 21, 1964

TO THE HONORABLE BERNARD L. BOUTIN, ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

REFERENCE IS MADE TO LETTER OF JUNE 16, 1964 (LP), FROM YOUR GENERAL COUNSEL, IN RESPONSE TO OUR LETTER OF MAY 21, 1964, CONCERNING THE PROTEST BY WALKER-NEER MANUFACTURING COMPANY, INCORPORATED, WITH RESPECT TO THE SPECIFICATIONS IN INVITATION FOR BIDS NO. FPNMV-N-29850 A-3-5-64, ISSUED FEBRUARY 13, 1964, BY GENERAL SERVICES ADMINISTRATION (PROCUREMENT OPERATIONS DIVISION, FEDERAL SUPPLY SERVICE), FOR DRILLING EQUIPMENT FOR USE IN VIETNAM UNDER THE AID PROGRAM.

BY LETTER OF TODAY SENATOR TOWER IS BEING ADVISED THAT UNDER THE CIRCUMSTANCE INVOLVED WE FIND NO LEGAL BASIS FOR DISTURBING THE AWARD MADE TO THE BUFFALO-SPRINGFIELD DIVISION, KOEHRING COMPANY, BECAUSE OF THE FACTUAL SITUATION INDICATED IN THE CABLEGRAM OF APRIL 29, 1964, WHICH INDICATES THE PROCUREMENT COULD HAVE BEEN JUSTIFIED ON A NEGOTIATED BASIS.