B-155993, B-156171, JUN. 16, 1965
Highlights
INC.: REFERENCE IS MADE TO YOUR LETTER DATED MAY 4. YOUR PROTESTS UNDER INVITATIONS FOR BIDS NOS. 41-641-65-18 AND 02- 600-65-13 WERE CONSIDERED AND YOU WERE ADVISED OF OUR CONCLUSIONS BY OUR DECISIONS B-155993. THAT THE SUCCESSFUL BIDDERS' PRICES WERE UNREALISTIC AND THAT THIS WOULD RESULT IN PERFORMANCE BELOW THE TRAINING STANDARDS REQUIRED BY AND ACCEPTABLE TO THE AIR FORCE. YOU ASK THAT THE SUCCESSFUL BIDDERS BE REQUIRED TO ADHERE TO THE TERMS OF THE CONTRACTS THROUGHOUT THE LIFE OF THE CONTRACTS AND THAT NO CHANGE ORDERS OR SUPPLEMENTAL AGREEMENTS BE ISSUED WHICH WILL HAVE THE EFFECT OF RELIEVING THE CONTRACTORS OF THE NECESSITY TO PERFORM AT THE PRICES BID. OUR ANALYSIS OF THE SITUATIONS SURROUNDING YOUR PROTESTS REVEALED THAT THERE WERE SUBSTANTIAL GROUNDS FOR THE ADMINISTRATIVE ACTIONS TAKEN.
B-155993, B-156171, JUN. 16, 1965
TO SIDEWINDER AVIATION SERVICES, INC.:
REFERENCE IS MADE TO YOUR LETTER DATED MAY 4, 1965, WRITTEN IN CONNECTION WITH YOUR BID PROTESTS UNDER DEPARTMENT OF THE AIR FORCE INVITATIONS FOR BIDS. YOUR PROTESTS UNDER INVITATIONS FOR BIDS NOS. 41-641-65-18 AND 02- 600-65-13 WERE CONSIDERED AND YOU WERE ADVISED OF OUR CONCLUSIONS BY OUR DECISIONS B-155993, APRIL 28, 1965, AND B 156171, MAY 14, 1965, RESPECTIVELY.
YOUR PRESENT LETTER REITERATES, IN GENERAL, THE MATTERS COVERED BY YOUR ABOVE PROTESTS, THESE BEING, IN ESSENCE, THAT THE SUCCESSFUL BIDDERS' PRICES WERE UNREALISTIC AND THAT THIS WOULD RESULT IN PERFORMANCE BELOW THE TRAINING STANDARDS REQUIRED BY AND ACCEPTABLE TO THE AIR FORCE. YOU ASK THAT THE SUCCESSFUL BIDDERS BE REQUIRED TO ADHERE TO THE TERMS OF THE CONTRACTS THROUGHOUT THE LIFE OF THE CONTRACTS AND THAT NO CHANGE ORDERS OR SUPPLEMENTAL AGREEMENTS BE ISSUED WHICH WILL HAVE THE EFFECT OF RELIEVING THE CONTRACTORS OF THE NECESSITY TO PERFORM AT THE PRICES BID.
OUR ANALYSIS OF THE SITUATIONS SURROUNDING YOUR PROTESTS REVEALED THAT THERE WERE SUBSTANTIAL GROUNDS FOR THE ADMINISTRATIVE ACTIONS TAKEN, AND NO USEFUL PURPOSE WOULD BE SERVED BY RESTATING THE LEGAL BASES FOR THE CONCLUSIONS REACHED IN THE DECISIONS INVOLVED.
WITH REGARD TO YOUR ALLEGATION THAT THE CONTRACTS WILL NOT BE FULFILLED AT THE PRICES SUBMITTED BY THE LOW BIDDERS, WE FIND NOTHING IN THE RECORD BEFORE US TO INDICATE THAT THE GOVERNMENT WILL NOT REQUIRE PERFORMANCE IN ACCORDANCE WITH THE TERMS OF THE CONTRACTS AND WILL NOT EXERCISE SUCH RIGHTS RESERVED TO IT THEREUNDER.