B-161648, JUN. 7, 1967

B-161648: Jun 7, 1967

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ROSEKILLY MACHINERY: REFERENCE IS MADE TO YOUR LETTER DATED MAY 26. IT APPEARS THAT YOUR PROTEST IS BASED UPON A BELIEF THAT YOU WOULD BE ABLE TO SELL THE GOVERNMENT A "COMPLETE ENGINE. THE DETERMINATION OF THE BEST METHOD OF PROCURING THE GOVERNMENT'S NEEDS IS. THIS OFFICE CANNOT FAIRLY CONSIDER THE MERITS OF YOUR CONTENTIONS IN THIS CASE UNTIL OFFERS HAVE BEEN OBTAINED UNDER THE SOLICITATION AND COMPARED WITH AN ALTERNATE PROPOSAL ON THE BASIS YOU SUGGEST. IT IS SUGGESTED THAT YOU IMMEDIATELY ADVISE THE CONTRACTING AGENCY OF YOUR BELIEF. IN THE EVENT IT IS STILL YOUR BELIEF. THAT THE PROCUREMENT PROCEDURE WHICH NAVY ELECTS TO FOLLOW IS NOT IN THE BEST INTEREST OF THE GOVERNMENT. WE WILL BE GLAD TO GIVE THE MATTER FURTHER CONSIDERATION.

B-161648, JUN. 7, 1967

TO G. ROSEKILLY MACHINERY:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 26, 1967, WHEREIN YOU REQUEST THAT THIS OFFICE REQUIRE THE NAVAL SUPPLY OFFICE, OAKLAND, CALIFORNIA, EITHER TO CANCEL ANY SERVICES AND MATERIALS CONTRACT IT MAY AWARD UNDER REQUEST FOR PROPOSALS (RFP) NO. N00228 67R5664, OR TO REQUIRE THE ACTIVITY TO SOLICIT BIDS ON AN ALTERNATE BASIS SUGGESTED THEREIN. ESSENTIALLY, IT APPEARS THAT YOUR PROTEST IS BASED UPON A BELIEF THAT YOU WOULD BE ABLE TO SELL THE GOVERNMENT A "COMPLETE ENGINE, RUN AND TESTED" AT A SUBSTANTIALLY LOWER PRICE THAN THE LOWEST PROPOSAL THE NAVY MAY EXPECT TO RECEIVE FOR REPAIRING A GOVERNMENT OWNED ENGINE UNDER THE REFERENCED SOLICITATION.

THE DETERMINATION OF THE BEST METHOD OF PROCURING THE GOVERNMENT'S NEEDS IS, IN THE FIRST INSTANCE, THE RESPONSIBILITY OF THE PROCURING ACTIVITY, AND THIS OFFICE CANNOT FAIRLY CONSIDER THE MERITS OF YOUR CONTENTIONS IN THIS CASE UNTIL OFFERS HAVE BEEN OBTAINED UNDER THE SOLICITATION AND COMPARED WITH AN ALTERNATE PROPOSAL ON THE BASIS YOU SUGGEST.

ACCORDINGLY, IT IS SUGGESTED THAT YOU IMMEDIATELY ADVISE THE CONTRACTING AGENCY OF YOUR BELIEF, AND THAT YOU SHOULD PARTICIPATE IN THE PROCUREMENT ON THE BASIS SET OUT IN THE INSTANT RFP AND/OR ON THE ALTERNATE BASIS YOU PROPOSE. IN THE EVENT IT IS STILL YOUR BELIEF, FOLLOWING EVALUATION OF THE OFFERS RECEIVED BY THE NAVY, THAT THE PROCUREMENT PROCEDURE WHICH NAVY ELECTS TO FOLLOW IS NOT IN THE BEST INTEREST OF THE GOVERNMENT, AND YOU SO ADVISE THIS OFFICE, WE WILL BE GLAD TO GIVE THE MATTER FURTHER CONSIDERATION. WE ARE THEREFORE RETURNING THE ENCLOSURES TO YOUR LETTER