B-167048, SEP 12, 1969

B-167048: Sep 12, 1969

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TO NATIONAL AIRCRAFT: THIS IS IN REFERENCE TO YOUR LETTER OF MAY 20. YOUR REQUEST WAS GENERATED BY RECENT PROCUREMENTS OF SERVICES FOR DISMANTLING. FOR WHICH TENDERS WERE ISSUED BY THE MILITARY TRAFFIC MANAGEMENT AND TERMINAL SERVICE (MTMTS). IT WAS YOUR CONTENTION THAT ON ONE SUCH TENDER THE GOVERNMENT COULD HAVE SAVED APPROXIMATELY $30. HAS ISSUED A MEMORANDUM TO THE MILITARY DEPARTMENTS AND THE DEFENSE SUPPLY AGENCY WHICH IS INTENDED TO REMEDY THE PROBLEM POINTED OUT IN YOUR PROTEST. A COPY OF THIS MEMORANDUM IS ENCLOSED. MTMTS MUST DEAL WITH COMMERCIAL FOR-HIRE TRANSPORTATION COMPANIES AND IS THEREFORE NOT IN A POSITION TO ENTER INTO DIRECT CONTRACTS WITH NON-CARRIERS FOR TRANSPORTATION OR FOR RELATED ACCESSORIAL SERVICES SUCH AS THE DISMANTLING AND REASSEMBLY OF AIRCRAFT.

B-167048, SEP 12, 1969

PROCUREMENT PROCEDURES - AIRCRAFT - TRANSPORTATION, ETC., SERVICES DECISION TO NATIONAL AIRCRAFT CONCERNING PROCUREMENT OF AIRCRAFT TRANSPORTATION, ETC., SERVICES FOR DEPARTMENT OF DEFENSE AGENCIES. PURSUANT TO A REQUEST BY COMPTROLLER GENERAL FOR CONSIDERATION FOR SOLICITATION OF FIRMS OTHER THAN LICENSED CARRIERS DOD ISSUED MEMORANDUM THAT UNDER ITS CHARTER MTMTS MUST DEAL WITH COMMERCIAL TRANSPORTATION COMPANIES. HOWEVER, BIDS FOR ACCESSORIAL SERVICES MAY BE SOLICITED FROM OTHER THAN COMMERCIAL CARRIERS.

TO NATIONAL AIRCRAFT:

THIS IS IN REFERENCE TO YOUR LETTER OF MAY 20, AND TELEGRAM OF JUNE 3, 1969, IN WHICH YOU REQUESTED OUR ASSISTANCE IN BEING ACCORDED AN OPPORTUNITY TO SUBMIT OFFERS ON ANY AND ALL FUTURE TENDERS INVOLVING THE DISMANTLING, TRANSPORTING AND REASSEMBLY OF AIRCRAFT FOR THE DEFENSE AGENCIES OF THE GOVERNMENT.

YOUR REQUEST WAS GENERATED BY RECENT PROCUREMENTS OF SERVICES FOR DISMANTLING, TRANSPORTING AND REASSEMBLY OF ABSOLETE AIRCRAFT, FOR WHICH TENDERS WERE ISSUED BY THE MILITARY TRAFFIC MANAGEMENT AND TERMINAL SERVICE (MTMTS). IT WAS YOUR CONTENTION THAT ON ONE SUCH TENDER THE GOVERNMENT COULD HAVE SAVED APPROXIMATELY $30,000 IF YOUR OFFER FOR THE REQUIRED SERVICES HAD BEEN ACCEPTED.

PURSUANT TO A REQUEST BY THIS OFFICE THAT CONSIDERATION BE GIVEN TO THE DESIRABILITY OF SOLICITING FIRMS OTHER THAN LICENSED CARRIERS FOR THE SERVICES IN QUESTION OR CONTRACTING SEPARATELY FOR THE DISMANTLING AND REASSEMBLY SERVICES REQUIRED, THE ASSISTANT SECRETARY OF DEFENSE, INSTALLATIONS AND LOGISTICS, HAS ISSUED A MEMORANDUM TO THE MILITARY DEPARTMENTS AND THE DEFENSE SUPPLY AGENCY WHICH IS INTENDED TO REMEDY THE PROBLEM POINTED OUT IN YOUR PROTEST. A COPY OF THIS MEMORANDUM IS ENCLOSED.

BRIEFLY THE MEMORANDUM EXPLAINS THAT UNDER ITS CHARTER (DOD DIRECTIVE 5160.53), MTMTS MUST DEAL WITH COMMERCIAL FOR-HIRE TRANSPORTATION COMPANIES AND IS THEREFORE NOT IN A POSITION TO ENTER INTO DIRECT CONTRACTS WITH NON-CARRIERS FOR TRANSPORTATION OR FOR RELATED ACCESSORIAL SERVICES SUCH AS THE DISMANTLING AND REASSEMBLY OF AIRCRAFT. HOWEVER, THE MEMORANDUM PROVIDES THAT THE DEPARTMENT OF DEFENSE COMPONENT MAKING THE SHIPMENT MAY ALSO SOLICIT, RECEIVE AND EVALUATE BIDS FOR THE ACCESSORIAL SERVICES FROM OTHER THAN COMMERCIAL FOR-HIRE TRANSPORTATION COMPANIES. ADDITION, MTMTS SHALL SOLICIT ALTERNATE PROPOSALS FROM CARRIERS ON THE BASES OF PERFORMANCE OF THE TRANSPORTATION ALONE, AND PERFORMANCE OF THE TRANSPORTATION AND ACCESSORIAL SERVICES. IT IS STATED THAT ALL BIDS OR PROPOSALS WILL BE COMPARED AND THOSE WHICH WOULD RESULT IN OBTAINING THE REQUIRED SERVICES ON THE MOST ADVANTAGEOUS TERMS TO THE GOVERNMENT BE ACCEPTED.

WE TRUST THE ACTION CONTEMPLATED BY THE MEMORANDUM WILL RESULT IN A SATISFACTORY RESOLUTION OF THIS PROBLEM. THANK YOU FOR BRINGING THIS MATTER TO OUR ATTENTION.