B-171407(2), JUL 14, 1971

B-171407(2), JUL 14, 1971

BID PROTEST - PROCUREMENT PROCEDURES - PRIOR RECOMMENDATIONS FORWARDING A COPY OF B-171407, JULY 14, 1971 TO HYCOR, INC. CONCERNING ITS PROTEST AGAINST AWARD OF A NEGOTIATED CONTRACT TO GOODYEAR AEROSPACE CORPORATION, THE COMP. GEN. REMAINS OF THE VIEW THAT THE CRITICISMS OF THE PROCUREMENT PROCEDURE CANNOT BE EXPLAINED BY THE ACKNOWLEDGED URGENCY OF THE PROCUREMENT AND RECOMMENDS AGAIN THAT STEPS BE TAKEN TO AVOID A FUTURE RECURRENCE.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO GOODWIN, PROCTER & HOAR, COUNSEL FOR HYCOR, INC., AFFIRMING OUR DECISION OF APRIL 13, 1971, WHEREIN WE CONCLUDED THAT NO LEGAL BASIS EXISTED FOR DISTURBING THE AWARD OF CONTRACT N00123-71-C-0563 TO GOODYEAR AEROSPACE CORPORATION. IN REACHING THIS CONCLUSION, WE NEVERTHELESS REMAIN OF THE VIEW THAT THE CRITICISMS OF THE CONDUCT OF THE PROCUREMENT VOICED IN THE DECISIONS CANNOT BE EXPLAINED BY THE ACKNOWLEDGED URGENCY OF OBTAINING THE ITEMS. WE THEREFORE RENEW OUR RECOMMENDATION THAT STEPS BE TAKEN TO AVOID A FUTURE RECURRENCE.