B-172542(2), JUL 2, 1971

B-172542(2): Jul 2, 1971

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IT IS RECOMMENDED THAT APPROPRIATE STEPS BE TAKEN TO INSURE CLOSER ADHERENCE TO THE PROVISIONS OF ASPR 3-306(A). SECRETARY: REFERENCE IS MADE TO THE REPORT OF THE DEPUTY COMMANDER. THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY TO MR. THE DETERMINATION AND FINDINGS TO NEGOTIATE THE PROCUREMENT WAS PREPARED SEVERAL MONTHS AFTER NEGOTIATIONS WERE INSTITUTED.

B-172542(2), JUL 2, 1971

BID PROTEST - SOLE SOURCE PROCUREMENT ADVISING THAT WHILE THE COMP. GEN. HAS DENIED THE PROTEST OF LIBBY WELDING COMPANY AGAINST A SOLE SOURCE PROCUREMENT FROM CONSOLIDATED DIESEL ELECTRIC COMPANY, IT IS RECOMMENDED THAT APPROPRIATE STEPS BE TAKEN TO INSURE CLOSER ADHERENCE TO THE PROVISIONS OF ASPR 3-306(A).

TO MR. SECRETARY:

REFERENCE IS MADE TO THE REPORT OF THE DEPUTY COMMANDER, PURCHASING, SUP 0232, DATED APRIL 28, 1971, TRANSMITTED TO THIS OFFICE IN RESPONSE TO OUR LETTER OF APRIL 7, 1971, CONCERNING THE PROTEST OF T. MURRAY TOOMEY, ESQ., ON BEHALF OF LIBBY WELDING COMPANY, INC., UNDER REQUEST FOR PROPOSALS NO. N00600-70-R-5492.

THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY TO MR. TOOMEY HOLDING THAT THE CONTRACTING OFFICER ACTED WITHIN HIS DISCRETIONARY POWERS IN AWARDING THE CONTRACT ON A SOLE-SOURCE BASIS. HOWEVER, THE DETERMINATION AND FINDINGS TO NEGOTIATE THE PROCUREMENT WAS PREPARED SEVERAL MONTHS AFTER NEGOTIATIONS WERE INSTITUTED. IN THIS REGARD, PARAGRAPH 3-306(A) OF THE ARMED SERVICES PROCUREMENT REGULATION PROVIDES FOR THE PREPARATION OF THE DETERMINATION AND FINDINGS PRIOR TO THE ISSUANCE OF A REQUEST FOR PROPOSALS. WE SUGGEST THAT APPROPRIATE STEPS BE TAKEN TO ASSURE COMPLIANCE WITH THE REGULATORY REQUIREMENT IN FUTURE PROCUREMENTS.