B-173991(2), MAR 20, 1972

B-173991(2): Mar 20, 1972

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SECRETARY: REFERENCE IS MADE TO LETTERS DATED SEPTEMBER 27 AND DECEMBER 13. ENCLOSED HEREWITH IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR D&B DENYING ITS PROTEST. OUR REVIEW OF THE RECORD IN THIS CASE DOES NOT INDICATE THAT THIS WAS DONE.

B-173991(2), MAR 20, 1972

TO MR. SECRETARY:

REFERENCE IS MADE TO LETTERS DATED SEPTEMBER 27 AND DECEMBER 13, 1971, FROM THE DEPUTY ASSISTANT SECRETARY OF THE INTERIOR, FURNISHING REPORTS CONCERNING THE PROTEST BY DRUMMOND & BRONNECK, INC. (D&B), AGAINST THE REJECTION OF ITS BID AND THE AWARD OF A CONTRACT TO LLOYD E. TULL, INC. (TULL), UNDER INVITATION FOR BIDS COVERING PROJECT NO. SK S385, ISSUED BY THE NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR.

ENCLOSED HEREWITH IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR D&B DENYING ITS PROTEST.

HOWEVER, SINCE THE INSTANT PROJECT INVOLVES MIXED HEAVY AND BUILDING CONSTRUCTION WORK, WE RECOMMEND THAT YOUR DEPARTMENTAL REGULATIONS BE REVISED TO PROVIDE GUIDELINES TO BE FOLLOWED IN FUTURE SIMILAR MIXED CONSTRUCTION PROJECTS.

SECONDLY, IN OUR OPINION, THE DISCRETION RESERVED TO THE CONTRACTING OFFICER TO REQUIRE LISTING FOR SUBCONTRACT CATEGORIES AMOUNTING TO LESS THAN 2 PERCENT OF THE TOTAL PROJECT COST CANNOT BE EXERCISED IN A MEANINGFUL MANNER UNTIL AFTER AN ESTIMATE OF THE COST FOR THE CATEGORIES UNDER CONSIDERATION HAS IN FACT BEEN MADE. OUR REVIEW OF THE RECORD IN THIS CASE DOES NOT INDICATE THAT THIS WAS DONE.