B-170067, MAY 17, 1972

B-170067, MAY 17, 1972

PROCUREMENT LAW - BID PROTEST - REQUEST FOR RECONSIDERATION CONCERNING A REQUEST OF GEOFFREY WARD FOR FURTHER CONSIDERATION OF THE PROTEST OF WILLIAM A. POELLMITZ AGAINST AWARD OF A CONTRACT TO DELTA SYSTEMS INTERNATIONAL BY THE AIR FORCE. THE COMP. GEN. HAS NO JURISDICTION OVER THE ISSUES PRESENTED BY MR. WARD'S REQUEST. ACCORDINGLY, THE CORRESPONDENCE IS BEING FORWARDED TO THE AIR FORCE FOR WHATEVER ACTION MAY BE DEEMED APPROPRIATE.

TO MR. GEOFFREY M. WARD:

WE ARE IN RECEIPT OF YOUR LETTER DATED APRIL 11, 1972, REQUESTING THAT THE PROTEST OF MR. WILLIAM A. POELLMITZ AGAINST THE AWARD OF CONTRACT NO. F61546-70-C-0269 TO DELTA SYSTEMS INTERNATIONAL BY THE DEPARTMENT OF THE AIR FORCE BE REOPENED.

THIS REQUEST IS MADE BECAUSE YOU STATE THAT THE SWORN TESTIMONY GIVEN BY MR. POELLMITZ ON DECEMBER 8, 1971, IN CONNECTION WITH A SUIT BETWEEN MR. POELLMITZ AND YOURSELF IN THE SUPERIOR COURT OF NORFOLK COUNTY, MASSACHUSETTS, REVEALS THAT THE INFORMATION GIVEN OUR OFFICE BY MR. POELLMITZ IN SUPPORT OF HIS PROTEST WAS FALSE AND THAT THE SUIT WAS FILED AGAINST YOU AS A DIRECT RESULT OF GROSS MISCONDUCT ON THE PART OF AIR FORCE PERSONNEL AT HANSCOM FIELD.

YOU ALSO CONTEND THAT THE TESTIMONY OF MR. POELLMITZ CONFIRMS YOUR PROTEST OF OCTOBER 1, 1970, TO OUR OFFICE, WHEREIN YOU CLAIMED THAT MR. POELLMITZ HAD NOT INCURRED THE EXPENSES HE CLAIMED UNDER CONTRACT NO. F61546-70-M-1334, WHICH HE HELD WITH THE AIR FORCE, BECAUSE HE HAD NOT PAID YOUR SALARY AND EXPENSES.

AS WE ADVISED YOU ON SEPTEMBER 24, 1970, MR. POELLMITZ'S PROTEST BECAME MOOT INSOFAR AS THIS OFFICE WAS CONCERNED BECAUSE THE DEPARTMENT OF THE AIR FORCE DECIDED TO TERMINATE THE CONTRACT IN QUESTION FOR THE CONVENIENCE OF THE GOVERNMENT. CONTRARY TO YOUR CURRENT VIEW, OUR OFFICE DID NOT ORDER A CANCELLATION OF THE CONTRACT.

BY LETTER DATED OCTOBER 21, 1970, WE ADVISED YOU:

"INASMUCH AS THIS MATTER, IF IT IS OF ANY CONCERN TO THE GOVERNMENT, WOULD APPEAR TO BE ONE OF CONTRACT ADMINISTRATION BETWEEN THE AIR FORCE AND MR. POELLMITZ, OUR OFFICE WOULD NOT HAVE JURISDICTION TO DECIDE THE ISSUES PRESENTED IN YOUR LETTER. WE ARE THEREFORE FORWARDING YOUR LETTER TO THE SECRETARY OF THE AIR FORCE FOR SUCH CONSIDERATION AND ACTION AS IT MAY WARRANT. ANY FURTHER CORRESPONDENCE SHOULD BE DIRECTED TO THAT DEPARTMENT."

WE CONTINUE TO BE OF THE SAME VIEW, AND WE ARE THEREFORE FORWARDING YOUR LETTER TO THE SECRETARY OF THE AIR FORCE FOR SUCH FURTHER ACTION AS IT MAY WARRANT UNDER THE CIRCUMSTANCES. CONTRARY TO YOUR BELIEF, OUR PREVIOUS CORRESPONDENCE DID NOT INDICATE THAT OUR OFFICE WAS NOT CONCERNED OVER MATTERS DEALING WITH CONTRACT ADMINISTRATION. RATHER, IT WAS INTENDED TO ADVISE YOU THAT OUR OFFICE DID NOT HAVE JURISDICTION OVER THE MATTERS YOU PRESENTED. NEITHER DO WE HAVE JURISDICTION OVER THE CHARGES YOU NOW MAKE AGAINST GOVERNMENT PERSONNEL. WE ARE CONFIDENT, HOWEVER, THAT SUCH INVESTIGATION AS MAY BE WARRANTED WILL BE MADE BY THE AGENCY HAVING JURISDICTION OVER SUCH PROBLEMS, AND WE HAVE REQUESTED THE AIR FORCE TO FURNISH OUR OFFICE A COPY OF ITS REPLY TO YOUR CHARGES.