B-167892(2), NOV. 18, 1969

B-167892(2): Nov 18, 1969

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SECRETARY OF ARMY IS ADVISED THAT IN SUBJECT PROCUREMENT CONTRACTING OFFICER. IT IS URGED THAT STEPS BE TAKEN TO INSURE COMPLIANCE WITH ASPR 2-208 AND SF 33A. SECRETARY: REFERENCE IS MADE TO A LETTER OF OCTOBER 16. ENCLOSED IS A COPY OF OUR DECISION OF THIS DATE TO NUCLEAR EQUIPMENT CHEMICAL CORPORATION DENYING THE PROTEST. WHILE WE HAVE NOT DIRECTED CANCELLATION OF THIS CONTRACT FOR REASONS STATED IN THE DECISION.

B-167892(2), NOV. 18, 1969

SPECIFICATIONS--FAILURE TO FURNISH SOMETHING REQUIRED--ADDENDA ACKNOWLEDGMENT--FAILURE TO REQUIRE WITH REGARD TO DENIAL OF PROTEST AGAINST REJECTION OF BID UNDER DEPT. OF ARMY INVITATION, SECRETARY OF ARMY IS ADVISED THAT IN SUBJECT PROCUREMENT CONTRACTING OFFICER, BY ISSUING AMENDMENT BY TWX AND NOT REQUIRING ACKNOWLEDGMENT, VIOLATED PROVISIONS OF ASPR 2-208 AND PAR. 4, GENERAL PROVISIONS, STANDARD FORM (SF) 33A OF INVITATION, AS ASPR 4, GENERAL PROVISIONS, STANDARD FORM (SF) 33A OF INVITATION, AS ASPR PROVISION REQUIRES THAT SF 30 BE USED TO ISSUE INVITATION AMENDMENTS, AND FAILURE TO REQUIRE ACKNOWLEDGMENT OF AMENDMENT, AS PROVIDED IN AF 33A, PREVENTS EVALUATION OF BIDS INASMUCH AS IT CANNOT BE DETERMINED WHETHER BID HAS BEEN SUBMITTED IN CONTEMPLATION OF AMENDMENT; THEREFORE, IT IS URGED THAT STEPS BE TAKEN TO INSURE COMPLIANCE WITH ASPR 2-208 AND SF 33A.

TO MR. SECRETARY:

REFERENCE IS MADE TO A LETTER OF OCTOBER 16, 1969, WITH ENCLOSURES, FURNISHING A REPORT ON THE PROTEST BY NUCLEAR EQUIPMENT CHEMICAL CORPORATION AGAINST THE REJECTION OF ITS BID UNDER INVITATION NO. DAAD07- 69-B-0176.

ENCLOSED IS A COPY OF OUR DECISION OF THIS DATE TO NUCLEAR EQUIPMENT CHEMICAL CORPORATION DENYING THE PROTEST. WE DIRECT YOUR ATTENTION TO THE FACT THAT THE CONTRACTING OFFICER BY ISSUING AMENDMENT NO. 0002 BY TWX, AND NOT REQUIRING ACKNOWLEDGMENT VIOLATED THE PROVISIONS OF ASPR 2 208 AND PARAGRAPH 4, GENERAL PROVISIONS, STANDARD FORM 33A, OF THE INVITATION. THE ASPR PROVISION REQUIRES THAT STANDARD FORM 30, BE USED TO ISSUE AMENDMENTS TO INVITATIONS. THE FAILURE TO REQUIRE ACKNOWLEDGMENT OF AN AMENDMENT, AS PROVIDED IN STANDARD FORM 33A, PREVENTS THE EVALUATION OF BIDS INASMUCH AS IT CANNOT BE DETERMINED WHETHER IN FACT A BID HAS BEEN SUBMITTED IN CONTEMPLATION OF THE AMENDMENT.

THEREFORE, WHILE WE HAVE NOT DIRECTED CANCELLATION OF THIS CONTRACT FOR REASONS STATED IN THE DECISION, WE STRONGLY URGE THAT STEPS BE TAKEN TO INSURE COMPLIANCE WITH ASPR 2-208 AND STANDARD FORM 33A.