B-167993(2), OCT. 28, 1969

B-167993(2): Oct 28, 1969

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FOR WHICH A SUPPLY CONTRACT FORM WAS ISSUED IN LIEU OF CONSTRUCTION CONTRACT FORM PRESCRIBED BY FEDERAL PROCUREMENT REGULATIONS (FPR) 1-16.402-3. DIRECTOR OF MINT IS ADVISED DEVIATIONS FROM REQUIREMENTS OF FPR SHOULD BE RECORDED IN INDIVIDUAL CASES IN THE PROCUREMENT FILE TOGETHER WITH REASON FOR SUCH SPECIAL ACTION. BROOKS: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE LAW FIRM OF SELLERS. FOR WHICH A SUPPLY CONTRACT FORM WAS USED IN LIEU OF ONE OF THE CONSTRUCTION CONTRACT FORMS PRESCRIBED BY FEDERAL PROCUREMENT REGULATION (FPR) 1-16.402-3. YOUR ATTENTION IS DIRECTED TO THE FACT THAT DEVIATIONS OF THIS NATURE FROM THE REQUIREMENTS OF THE FPR SHOULD BE RECORDED IN INDIVIDUAL CASES IN THE PROCUREMENT FILE TOGETHER WITH THE REASON FOR SUCH SPECIAL ACTION.

B-167993(2), OCT. 28, 1969

FORMS--DEVIATIONS--CONSTRUCTION CONTRACTS ALTHOUGH DECISION UPHOLDS VALIDITY OF INVITATION ISSUED BY SUPERINTENDENT OF U. S. MINT, PHILADELPHIA, PA; FOR WHICH A SUPPLY CONTRACT FORM WAS ISSUED IN LIEU OF CONSTRUCTION CONTRACT FORM PRESCRIBED BY FEDERAL PROCUREMENT REGULATIONS (FPR) 1-16.402-3, DIRECTOR OF MINT IS ADVISED DEVIATIONS FROM REQUIREMENTS OF FPR SHOULD BE RECORDED IN INDIVIDUAL CASES IN THE PROCUREMENT FILE TOGETHER WITH REASON FOR SUCH SPECIAL ACTION.

TO MRS. BROOKS:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE LAW FIRM OF SELLERS, CONNER AND CUNEO, DENYING THEIR PROTEST ON BEHALF OF AMBROSE AUGUSTERFER CORPORATION AGAINST AWARD TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS NO. 17, ISSUED AUGUST 25, 1969, BY THE SUPERINTENDENT OF THE UNITED STATES MINT, PHILADELPHIA, PENNSYLVANIA. THE PROCUREMENT INVOLVES MECHANICAL INSTALLATION AT THE MINT OF A CLADDING MILL, A CLEANING LINE, AND A STRIP CLEANING LINE WHICH THE MINT HAS ALREADY PURCHASED.

ALTHOUGH OUR DECISION UPHOLDS THE VALIDITY OF THE INVITATION, FOR WHICH A SUPPLY CONTRACT FORM WAS USED IN LIEU OF ONE OF THE CONSTRUCTION CONTRACT FORMS PRESCRIBED BY FEDERAL PROCUREMENT REGULATION (FPR) 1-16.402-3, YOUR ATTENTION IS DIRECTED TO THE FACT THAT DEVIATIONS OF THIS NATURE FROM THE REQUIREMENTS OF THE FPR SHOULD BE RECORDED IN INDIVIDUAL CASES IN THE PROCUREMENT FILE TOGETHER WITH THE REASON FOR SUCH SPECIAL ACTION. SEE FPR 1-1.009-2 (B).

THE MATTER WAS THE SUBJECT OF A REPORT BY LETTER DATED OCTOBER 2, 1969, FROM THE ACTING DIRECTOR OF THE MINT. THE FILE FORWARDED WITH THE LETTER IS RETURNED.