B-174735(2), JUN 7, 1972

B-174735(2): Jun 7, 1972

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IT IS THE OPINION OF THE COMP. ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. THE ENCLOSURES TO THE REFERENCED LETTER ARE RETURNED. IT IS OUR VIEW THAT PARAGRAPH 105002(3)(E) OF THE MILITARY TRAFFIC REGULATIONS.

B-174735(2), JUN 7, 1972

BID PROTEST - ICC OPERATING AUTHORITY - ALLEGED IMPROPER GOVERNMENT INTERVENTION - STATUTORY INTERPRETATION CONCERNING THE PROTEST OF COLUMBIA VAN LINES MOVING AND STORAGE COMPANY, INC; ARROW TRANSFER COMPANY, INC; AND MERCHANTS STORAGE COMPANY OF VIRGINIA, UNDER AN IFB ISSUED BY MDW CAMERON STATION, VA. IT IS THE OPINION OF THE COMP. GEN. THAT PARAGRAPH 105002(3)(E) OF MILITARY TRAFFIC REGULATIONS SHOULD BE CONSTRUED IN CONJUNCTION WITH SUBPARAGRAPH (C), LIMITING AGENCY PARTICIPATION TO PROCEEDINGS WHERE APPRECIABLY GREATER ECONOMY, FREQUENCY OR SPEED OF SERVICE MAY BE EXPECTED TO RESULT. FURTHER, THE TERM "APPRECIABLY GREATER" SHOULD BE MORE CONCISELY DEFINED.

TO MR. SECRETARY:

WE REFER TO A LETTER OF JANUARY 18, 1972, WITH ENCLOSURES, FROM THE ACTING ASSISTANT DEPUTY FOR MATERIEL ACQUISITION, OFFICE OF THE ASSISTANT SECRETARY, DEPARTMENT OF THE ARMY, RELATING TO THE PROTEST OF COLUMBIA VAN LINES MOVING AND STORAGE COMPANY, INC; ARROW TRANSFER COMPANY, INC; AND MERCHANTS STORAGE COMPANY OF VIRGINIA UNDER IFB DAHC30-72-B-0024, ISSUED BY MDW CAMERON STATION, VIRGINIA.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. THE ENCLOSURES TO THE REFERENCED LETTER ARE RETURNED.

AS SET FORTH IN OUR DECISION IN THIS MATTER, IT IS OUR VIEW THAT PARAGRAPH 105002(3)(E) OF THE MILITARY TRAFFIC REGULATIONS, WHICH PERMITS ARMY PARTICIPATION IN ICC PROCEEDINGS WHEN THE GRANTING OF AN OPERATING AUTHORITY WOULD BE BENEFICIAL TO THE DOD, SHOULD BE CONSTRUED IN CONJUNCTION WITH SUBPARAGRAPH (C), AND A DETERMINATION TO PARTICIPATE IN REGULATORY PROCEEDINGS SHOULD BE MADE ONLY WHEN APPRECIABLY GREATER ECONOMY, FREQUENCY OR SPEED OF SERVICE MAY BE EXPECTED TO RESULT. IN THIS REGARD, WE BELIEVE ISSUANCE OF A LETTER OF SUPPORT SHOULD BE CONSTRUED AS CONSTITUTING PARTICIPATION IN THE REGULATORY PROCEEDINGS. FURTHER, WE RECOMMEND THAT CONSIDERATION BE GIVEN TO DEFINING THE TERM "APPRECIABLY GREATER" IN A MORE CONCISE MANNER TO INSURE UNIFORMITY IN ADMINISTERING THE PROVISIONS OF THE REGULATION RELATING TO PARTICIPATION IN REGULATORY PROCEEDINGS. WE REQUEST THAT YOU ADVISE US OF THE ACTION TAKEN IN THIS REGARD.