B-164079, OCT. 3, 1968

B-164079: Oct 3, 1968

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TO DAIRY SYNTHESIZING CORPORATION INTERNATIONAL: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 20. TO THE ATTORNEYS WHO WERE THEN REPRESENTING YOUR COMPANY IN THIS CASE. WHICH WAS TO EXPIRE ON JUNE 30. YOU ARE ADVISED THAT. IS YOUR CHOICE.

B-164079, OCT. 3, 1968

TO DAIRY SYNTHESIZING CORPORATION INTERNATIONAL:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 20, 1968, RELATIVE TO THE CANCELLATION OF AIR FORCE CONTRACT NO. F61308-68-C-0053, WITH YOUR COMPANY, FOR DELIVERIES OF RECOMBINED MILK PRODUCTS TO AIR FORCE ACTIVITIES IN SPAIN DURING A PERIOD EXTENDING FROM JULY 1, 1968, THROUGH JUNE 30, 1973, UNLESS SOONER TERMINATED UNDER THE PROVISIONS OF THE CONTRACT.

AS STATED IN OUR LETTER OF AUGUST 14, 1968, TO THE ATTORNEYS WHO WERE THEN REPRESENTING YOUR COMPANY IN THIS CASE, THE DEPARTMENT OF THE AIR FORCE DECIDED TO CANCEL THE CONTRACT AND TO EXTEND THE PERIOD OF AN EXISTING CONTRACT WITH ANOTHER DAIRY COMPANY, WHICH WAS TO EXPIRE ON JUNE 30, 1968, TO PERMIT THE GOVERNMENT TO SECURE COMPETITION BEFORE NEGOTIATING A NEW CONTRACT COVERING DELIVERIES OF RECOMBINED MILK PRODUCTS TO AIR FORCE ACTIVITIES IN SPAIN FOR A PERIOD OF ONE OR MORE YEARS. FURTHER STATED IN THAT LETTER, THE RECORD INDICATES THAT COMPLETE INFORMATION HAD BEEN FURNISHED TO YOUR ATTORNEYS WITH RESPECT TO THE MATTERS CONSIDERED BY THE DEPARTMENT BEFORE DETERMINING THAT YOUR CONTRACT SHOULD BE CANCELED.

WITH REFERENCE TO YOUR STATEMENT THAT YOU DO NOT CONSIDER THE CASE CLOSED AND THAT, IN THE ABSENCE OF A REINSTATEMENT OF THE CANCELED CONTRACT, YOU INTEND TO PURSUE YOUR REMEDIES, BOTH ADMINISTRATIVE AND JUDICIAL, YOU ARE ADVISED THAT, IN OUR OPINION, THERE EXISTS NO PROPER BASIS UPON WHICH WE WOULD BE WARRANTED IN REQUESTING THE DEPARTMENT OF THE AIR FORCE TO REINSTATE THE CANCELED CONTRACT.

WE NOTE YOUR INTENTION TO LITIGATE THE MATTER. THIS ACTION, OF COURSE, IS YOUR CHOICE.