B-159118, JUN. 8, 1966

B-159118: Jun 8, 1966

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KEESLING AND MARTIN: WE HAVE RECEIVED YOUR LETTER DATED MAY 4. IT IS UNDERSTOOD THAT YOUR CLIENT HAD BEEN THE INCUMBENT CONTRACTOR FOR SEVERAL YEARS BUT THAT RECENTLY CONTRACT N 62558-4690 WAS AWARDED BY THE UNITED STATES NAVY PURCHASING OFFICE. THE DEPARTMENT WAS AUTHORIZED TO NEGOTIATE A CONTRACT FOR SERVICES TO BE PERFORMED OUTSIDE THE UNITED STATES BY 10 U.S.C. 2304 (A) (6). IS REQUIRED TO BE EFFECTED THROUGH THE MEDIUM OF NEGOTIATION PROCEDURES UNDER ARMED SERVICES PROCUREMENT REGULATION 3 206.2. PROPOSALS ARE EVALUATED IN CAMERA BY THE RESPONSIBLE GOVERNMENT OFFICIALS AND THEN AWARD IS MADE TO THAT RESPONSIBLE OFFERER WHOSE PROPOSAL. WILL BE MOST ADVANTAGEOUS TO THE GOVERNMENT. THE INFORMATION WHICH MAY BE DISCLOSED TO UNSUCCESSFUL PROPOSERS AFTER AWARD IS SPECIFIED BY ASPR 3 508.3.

B-159118, JUN. 8, 1966

TO ALLAN, MILLER, GROEZINGER, KEESLING AND MARTIN:

WE HAVE RECEIVED YOUR LETTER DATED MAY 4, 1966, WRITTEN ON BEHALF OF FOREMET INTERNATIONAL, INCORPORATED, IN REGARD TO YOUR CLIENT'S DESIRE FOR INFORMATION CONCERNING THE AWARD OF A CONTRACT FOR SUPPLYING RECOMBINED DAIRY PRODUCTS TO THE NAVAL FORCES AT ROTA, SPAIN. IT IS UNDERSTOOD THAT YOUR CLIENT HAD BEEN THE INCUMBENT CONTRACTOR FOR SEVERAL YEARS BUT THAT RECENTLY CONTRACT N 62558-4690 WAS AWARDED BY THE UNITED STATES NAVY PURCHASING OFFICE, LONDON, ENGLAND, COVERING THESE SERVICES, TO DAIRY SYNTHESIZING CORPORATION INTERNATIONAL OF NEW YORK (DSCI). THE NAVY HAS FURNISHED YOUR CLIENT WITH IDENTIFICATION OF THE ITEMS COVERED BY THE NEW CONTRACT AND WITH UNIT PRICES BUT HAS THUS FAR DENIED YOUR REQUEST FOR A COPY OF THE CONTRACT AND FOR INFORMATION CONCERNING THE BASIS OF AWARD.

THE DEPARTMENT WAS AUTHORIZED TO NEGOTIATE A CONTRACT FOR SERVICES TO BE PERFORMED OUTSIDE THE UNITED STATES BY 10 U.S.C. 2304 (A) (6). INDEED PROCUREMENT OUTSIDE THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS, IS REQUIRED TO BE EFFECTED THROUGH THE MEDIUM OF NEGOTIATION PROCEDURES UNDER ARMED SERVICES PROCUREMENT REGULATION 3 206.2.

UNLIKE FORMAL ADVERTISING, THE PROCEDURES GOVERNING NEGOTIATED PROCUREMENT DO NOT REQUIRE PROCURING AGENCIES TO FULLY DISCLOSE THE TERMS OF THE ACCEPTED OFFER OR THE BASIS FOR AWARD. PROPOSALS ARE EVALUATED IN CAMERA BY THE RESPONSIBLE GOVERNMENT OFFICIALS AND THEN AWARD IS MADE TO THAT RESPONSIBLE OFFERER WHOSE PROPOSAL, CONFORMING TO THE SOLICITATION, WILL BE MOST ADVANTAGEOUS TO THE GOVERNMENT, PRICE AND OTHER FACTORS CONSIDERED. THE INFORMATION WHICH MAY BE DISCLOSED TO UNSUCCESSFUL PROPOSERS AFTER AWARD IS SPECIFIED BY ASPR 3 508.3. IT MAY ALSO BE NOTED THAT ASPR 3-508.3 (A) (V) PROHIBITS THE DISCLOSURE OF CONFIDENTIAL BUSINESS INFORMATION, AND WE UNDERSTAND SUCH INFORMATION IS CONTAINED IN THE CONTRACT. ASPR 3-508.1 (I) AND (II), HOWEVER, STATE THAT SUCH INFORMATION NEED NOT BE GIVEN WHERE THE CONTRACT IS FOR SUBSISTENCE OR WHERE THE PURCHASE HAS BEEN NEGOTIATED PURSUANT TO 10 U.S.C. 2304 (A) (6). SINCE BOTH THESE EXCEPTIONS ARE APPLICABLE IN THIS CASE WE REGRET TO INFORM YOU THAT WE WOULD NOT BE AUTHORIZED TO INTERCEDE WITH THE NAVY ON YOUR CLIENT'S BEHALF.