B-170229, DEC. 11, 1970

B-170229: Dec 11, 1970

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EXCLUDING PROTESTANT WAS JUSTIFIED IN LIGHT OF THE EXPLANATION THAT PROTESTANT DID NOT HAVE ENOUGH ROOMS TO QUALIFY FOR THE TOTAL REQUIREMENT. EXTRA COSTS WOULD BE LIMITED TO FUEL SINCE BUSES AND DRIVERS WERE ALREADY AVAILABLE. TO SAGE AND SAND MOTEL: REFERENCE IS MADE TO YOUR TELEGRAM DATED JULY 2. IT IS REPORTED THAT ON THE AFTERNOON OF JUNE 26. THE CONTRACTING OFFICER WAS NOTIFIED BY TELEPHONE THAT A CONTRACT FOR BILLETING TDY SEA MAINTENANCE (F-100) AND MYRTLE BEACH AFB (A7-D) PERSONNEL COMMENCING JULY 1. THE REQUIREMENT WAS FOR 35 TWO-MAN ROOMS FROM JULY 1 - OCTOBER 31. 1970 (20 OF WHICH WERE TO BE "ON CALL"). IT IS REPORTED THAT DUE TO THE FOUR DAY TIME LIMIT. IT IS FURTHER REPORTED THAT A TOTAL OF 10 MOTELS AND HOTELS WERE CONTACTED.

B-170229, DEC. 11, 1970

BID PROTEST - INSUFFICIENT COMPETITION DENIAL OF PROTEST OF SAGE & SAND MOTEL AGAINST BEING EXCLUDED FROM COMPETITION FOR A CONTRACT FOR BILLETING OF MAINTENANCE PERSONNEL FOR THE AIR FORCE AND AWARD OF CONTRACT TO WESTWARD HO HOTEL. WHERE CONTRACTING OFFICER DECIDED TO NEGOTIATE A CONTRACT ORALLY DUE TO A FOUR DAY TIME LIMIT, CONTACTING 10 MOTELS AND HOTELS, EXCLUDING PROTESTANT WAS JUSTIFIED IN LIGHT OF THE EXPLANATION THAT PROTESTANT DID NOT HAVE ENOUGH ROOMS TO QUALIFY FOR THE TOTAL REQUIREMENT. WHILE THE USE OF THE WESTWARD HO REQUIRED 40 MILES OF COMMUTING, EXTRA COSTS WOULD BE LIMITED TO FUEL SINCE BUSES AND DRIVERS WERE ALREADY AVAILABLE.

TO SAGE AND SAND MOTEL:

REFERENCE IS MADE TO YOUR TELEGRAM DATED JULY 2, 1970, PROTESTING WITH REGARD TO A SOLICITATION FOR THE LEASING OF APPROXIMATELY 100 TWO MAN ROOMS BY THE CONTRACTING OFFICE AT LUKE AIR FORCE BASE, ARIZONA.

IT IS REPORTED THAT ON THE AFTERNOON OF JUNE 26, 1970, THE CONTRACTING OFFICER WAS NOTIFIED BY TELEPHONE THAT A CONTRACT FOR BILLETING TDY SEA MAINTENANCE (F-100) AND MYRTLE BEACH AFB (A7-D) PERSONNEL COMMENCING JULY 1, 1970, WOULD BE NECESSARY. THE REQUIREMENT WAS FOR 35 TWO-MAN ROOMS FROM JULY 1 - OCTOBER 31, 1970 (20 OF WHICH WERE TO BE "ON CALL"), 38 TWO- MAN ROOMS FROM AUGUST 1 - SEPTEMBER 30, 1970, AND 25 TWO-MAN ROOMS FROM AUGUST 15 - SEPTEMBER 30, 1970.

IT IS REPORTED THAT DUE TO THE FOUR DAY TIME LIMIT, THE CONTRACTING OFFICER DECIDED TO NEGOTIATE ORALLY PURSUANT TO 10 U.S.C. 2304(A)(2) AND ARMED SERVICES PROCUREMENT REGULATION 3-501(D)(II). IT IS FURTHER REPORTED THAT A TOTAL OF 10 MOTELS AND HOTELS WERE CONTACTED; NINE OFFERS WERE RECEIVED FOR THE TOTAL REQUIREMENT. THE WESTWARD HO HOTEL OFFERED THE LOWEST PRICE OF $8.50 PER NIGHT FOR A TWO-MAN ROOM AND WAS AWARDED THE CONTRACT ON JULY 2, 1970.

YOU COMPLAIN THAT YOU WERE NOT CONTACTED WITH REGARD TO THIS PROCUREMENT AND STATE THAT 36 CUSTOMERS AT YOUR MOTEL WERE MOVED TO THE WESTWARD HO IN PHOENIX, ARIZONA. YOU ALLEGE THAT THE CONTRACT WILL RESULT IN EXTRA COSTS TO THE GOVERNMENT.

WITH REGARD TO YOUR ALLEGATION THAT THE CONTRACT WILL RESULT IN EXCESSIVE COST TO THE GOVERNMENT, THE AIR FORCE STATES IN THE ADMINISTRATIVE REPORT AS FOLLOWS:

" *** THE BASE COMPTROLLERS TOTAL FULL PER DIEM (25.00) ON THE BASIS OF 15,146 MAN DAYS WOULD TOTAL $388,000 *** CONTRACT ROOM COST PER MAN DAY IS $4.25. EACH MAN ALSO RECEIVES AN AVERAGE OF $9.50 PER DAY SUBSISTENCE ALLOWANCE ($8.70 WEEKDAYS; ($11.80 SATURDAY, SUNDAY AND ANY HOLIDAY.) THE COST TO THE GOVERNMENT PER MAN DAY WAS $4.25 PLUS $9.50 FOR A TOTAL OF $13.75. THE MAN DAY SAVINGS WERE THUS $11.25. THE ACTUAL SAVINGS TO THE GOVERNMENT THROUGH THE CONTRACT IS 15,146 MAN DAYS TIMES $11.25 TOTALLING $170,392.50 *** ."

YOU ALLEGE THAT YOUR MOTEL IS ONE BLOCK FROM THE BASE AND THAT TRANSPORTATION FROM THE WESTWARD HO WILL RESULT IN EXTRA COST TO THE GOVERNMENT. THE CONTRACTING OFFICER STATES IN THIS REGARD THAT THE ROUND TRIP TO PHOENIX IS APPROXIMATELY 40 MILES. HE STATES, HOWEVER, THAT NO EXTRA COSTS IN WAGES HAVE BEEN INCURRED SINCE ADDITIONAL MEN WERE NOT HIRED TO DRIVE THE BUSES. FURTHERMORE, HE STATES THAT NO ADDITIONAL BUSES HAVE BEEN REQUIRED AND THE ONLY COST INCURRED IS GASOLINE.

FURTHERMORE, IT IS REPORTED THAT YOUR MOTEL HAS ONLY 23 ROOMS AND, THEREFORE, COULD NOT QUALIFY FOR THE TOTAL REQUIREMENT. THE CONTRACTING OFFICER STATES THAT YOU WERE INFORMED OF THIS FACT ON JULY 2, 1970, PRIOR TO THE AWARD OF CONTRACT.

IN VIEW OF THE FOREGOING, WE FIND NO REASON TO QUESTION THE PROCEDURE FOLLOWED BY THE AIR FORCE OR TO OTHERWISE DISTURB THE AWARD. ACCORDINGLY, YOUR PROTEST IS DENIED.