B-175994(2), APR 19, 1973

B-175994(2): Apr 19, 1973

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SECRETARY: REFERENCE IS MADE TO A PROTEST OF IDAHO AIRCRAFT. WHICH WAS THE SUBJECT OF SEVERAL REPORTS FROM THE DIRECTOR. ALTHOUGH WE HAVE DENIED THE PROTEST. WE BELIEVE THE PROPOSED FOREST SERVICE PROCUREMENT REGULATIONS RELATING TO NEGOTIATED CONTRACTS FOR AIR TANKER SERVICES ARE. THE PROCEDURE UTILIZED BY THE FOREST SERVICE WHEREBY FINAL DRAFTS OF FSPRS ARE MADE EFFECTIVE AND PUT INTO OPERATION IS NOT ENUMERATED IN FSPR 4G 1.1. THE REGULATION MIGHT WELL REFLECT WHETHER THE OWNED AIR TANKER IS REQUIRED TO BE PRESENTLY OPERABLE. WE BELIEVE THE PROCEDURE WHEREBY FINAL DRAFTS OF PROPOSED REGULATIONS ARE MADE EFFECTIVE AS PROCUREMENT REGULATIONS AND THE PROCESS PURSUANT TO WHICH SUCH PROPOSED REGULATIONS COULD BE IMPLEMENTED PRIOR TO THE APPLICABLE EFFECTIVE DATE.

B-175994(2), APR 19, 1973

PRECIS - UNAVAILABLE

TO MR. SECRETARY:

REFERENCE IS MADE TO A PROTEST OF IDAHO AIRCRAFT, INC., AGAINST THE OFFER AND SOLICITATION OF BIDS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. R3-72 -88, ISSUED MARCH 24, 1972, BY REGION 3 OF THE FOREST SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, WHICH WAS THE SUBJECT OF SEVERAL REPORTS FROM THE DIRECTOR, OFFICE OF PLANT AND OPERATIONS, TO THIS OFFICE.

ALTHOUGH WE HAVE DENIED THE PROTEST, COPY ENCLOSED, WE BELIEVE THE PROPOSED FOREST SERVICE PROCUREMENT REGULATIONS RELATING TO NEGOTIATED CONTRACTS FOR AIR TANKER SERVICES ARE, IN SEVERAL INSTANCES, SOMEWHAT VAGUE AND SUSCEPTIBLE TO VARIOUS INTERPRETATIONS. ADDITIONALLY, THE PROCEDURE UTILIZED BY THE FOREST SERVICE WHEREBY FINAL DRAFTS OF FSPRS ARE MADE EFFECTIVE AND PUT INTO OPERATION IS NOT ENUMERATED IN FSPR 4G 1.1, AND THUS THE REVISION OF THESE REGULATIONS MAY FOSTER CONFUSION CONCERNING THE STATUS OF VARIOUS FSPR PROVISIONS.

WE THEREFORE SUGGEST THAT CONSIDERATION BE GIVEN TO AMENDING THE FOREST SERVICE PROCUREMENT REGULATIONS TO REFLECT MORE SPECIFICALLY THE CREDENTIALS AND EQUIPMENT DESIRED BY THE FOREST SERVICE OF THE RESIDENT OPERATORS. THUS, IN RELATION TO FSPR 4G-3.7102-1, THE REGULATION MIGHT WELL REFLECT WHETHER THE OWNED AIR TANKER IS REQUIRED TO BE PRESENTLY OPERABLE, AND THAT AT LEAST ONE AIR TANKER SO OWNED MUST BE OF THE TYPE DESIRED BY THE UPCOMING SOLICITATION. IN REFERENCE TO FSPR 4G-1.1, WE BELIEVE THE PROCEDURE WHEREBY FINAL DRAFTS OF PROPOSED REGULATIONS ARE MADE EFFECTIVE AS PROCUREMENT REGULATIONS AND THE PROCESS PURSUANT TO WHICH SUCH PROPOSED REGULATIONS COULD BE IMPLEMENTED PRIOR TO THE APPLICABLE EFFECTIVE DATE, SHOULD BE SPECIFIED. FINALLY, CONSIDERATION SHOULD BE GIVEN TO PROMULGATION OF AN FSPR SECTION WHICH WOULD STATE THE CONDITIONS, IF ANY, UNDER WHICH PROPOSED REVISIONS TO THE FOREST SERVICE REGULATIONS MAY BE IMPLEMENTED PRIOR TO THEIR ADOPTION.

THE FILES RECEIVED WITH THE SEVERAL REPORTS FROM THE DIRECTOR ARE RETURNED.