B-172030, APR 15, 1971

B-172030: Apr 15, 1971

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AS THE DREDGE IS TO BE PURCHASED UNDER SPECIFIC CONGRESSIONAL APPROVAL. A-76 (REVISED) IS NOT FOR APPLICATION. TO DREDGING CONTRACTORS ASSOCIATION OF CALIFORNIA: REFERENCE IS MADE TO YOUR TELEGRAM OF FEBRUARY 27. THE DREDGE IS TO BE PURCHASED FOR USE IN IMPROVING THE SANTA CRUZ HARBOR. YOU ASSERT THAT THE CORPS OF ENGINEERS MAY NOT PROPERLY PURCHASE A DREDGE FOR ITS USE UNLESS IT IS SHOWN THAT THE CONTEMPLATED DREDGING CAN BE PERFORMED BY THE CORPS AT A COST LOWER THAN THAT OBTAINABLE FROM COMMERCIAL SOURCES. IT FURTHER PROVIDES THAT LOCAL INTERESTS ARE TO CONTRIBUTE TO THE INITIAL COST OF THE PLANT AND SUBSEQUENTLY ASSUME THE BURDEN OF ITS OPERATIONS AND MAINTENANCE. DACW07 71-B- 0025 WAS PUBLISHED PURSUANT TO THE CIRCUMSTANCES OUTLINED ABOVE.

B-172030, APR 15, 1971

BID PROTEST - CONGRESSIONAL AUTHORIZATION DECISION DENYING PROTEST AGAINST THE POSSIBLE AWARD OF A CONTRACT UNDER A SOLICITATION ISSUED BY THE ARMY CORPS OF ENGINEERS FOR A HYDRAULIC DREDGE. BY THE RIVER AND HARBOR ACT OF 1958, PUBLIC LAW 85-500 THE CONGRESS PROVIDED THAT THE IMPROVEMENT OF THE SANTA CRUZ HARBOR BE CARRIED OUT IN ACCORDANCE WITH PLANS SET FORTH IN HOUSE DOCUMENT NO. 357, 85TH CONGRESS, WHICH PROVIDES FOR THE FURNISHING OF A DREDGE AT SUCH TIME AS THE CHIEF OF ENGINEERS FINDS THAT AN ACTUAL NEED THEREFOR HAS ARISEN. AS THE DREDGE IS TO BE PURCHASED UNDER SPECIFIC CONGRESSIONAL APPROVAL, AND USED BY PARTIES OTHER THAN THE CORPS OF ENGINEERS, PARAGRAPH 5(E), BOB CIR. NO. A-76 (REVISED) IS NOT FOR APPLICATION.

TO DREDGING CONTRACTORS ASSOCIATION OF CALIFORNIA:

REFERENCE IS MADE TO YOUR TELEGRAM OF FEBRUARY 27, 1971, IN WHICH YOU PROTEST THE POSSIBLE AWARD OF A CONTRACT UNDER SOLICITATION NO. DACW07 71- B-0025, WHICH PROVIDES FOR THE PURCHASE BY THE U.S. ARMY CORPS OF ENGINEERS OF A HYDRAULIC DREDGE. THE DREDGE IS TO BE PURCHASED FOR USE IN IMPROVING THE SANTA CRUZ HARBOR, SANTA CRUZ, CALIFORNIA.

CITING PARAGRAPH 5(E), BUREAU OF THE BUDGET BULLETIN A-76 (REVISED), YOU ASSERT THAT THE CORPS OF ENGINEERS MAY NOT PROPERLY PURCHASE A DREDGE FOR ITS USE UNLESS IT IS SHOWN THAT THE CONTEMPLATED DREDGING CAN BE PERFORMED BY THE CORPS AT A COST LOWER THAN THAT OBTAINABLE FROM COMMERCIAL SOURCES. ALSO, YOU QUESTION GENERALLY THE AUTHORITY OF THE CORPS TO PURCHASE A DREDGE.

BY THE RIVER AND HARBOR ACT OF 1958, PUBLIC LAW 85-500, 72 STAT. 297, THE CONGRESS SPECIFICALLY AUTHORIZED THE IMPROVEMENT FOR NAVIGATION OF THE SANTA CRUZ HARBOR. THE ACT PROVIDED THAT THE PROJECT BE CARRIED OUT IN ACCORDANCE WITH PLANS SET FORTH IN HOUSE DOCUMENT NO. 357, 85TH CONGRESS. THAT DOCUMENT, AT PAGE 18 THEREOF, PROVIDES FOR THE FURNISHING OF A SAND TRANSFER PLANT, IN THE FORM OF A DREDGE, AT SUCH TIME AS THE CHIEF OF ENGINEERS FINDS THAT AN ACTUAL NEED THEREFOR HAS ARISEN. IT FURTHER PROVIDES THAT LOCAL INTERESTS ARE TO CONTRIBUTE TO THE INITIAL COST OF THE PLANT AND SUBSEQUENTLY ASSUME THE BURDEN OF ITS OPERATIONS AND MAINTENANCE, SUBJECT TO A LIMITED REIMBURSEMENT FROM THE GOVERNMENT.

AS A RESULT OF CAREFUL STUDY, THE CHIEF OF ENGINEERS HAS DETERMINED THAT A NEED FOR THE SUBJECT DREDGE NOW EXISTS. SOLICITATION NO. DACW07 71-B- 0025 WAS PUBLISHED PURSUANT TO THE CIRCUMSTANCES OUTLINED ABOVE, AND IS CLEARLY AND DIRECTLY AUTHORIZED BY CONGRESS. AS THE DREDGE IS TO BE PURCHASED UNDER SPECIFIC CONGRESSIONAL APPROVAL, AND USED BY PARTIES OTHER THAN THE CORPS OF ENGINEERS, THE REGULATION CITED IN YOUR PROTEST IS NOT APPLICABLE TO THE PRESENT SITUATION.

ACCORDINGLY, YOUR PROTEST IS HEREBY DENIED.