B-152920, JAN. 20, 1964

B-152920: Jan 20, 1964

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TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO A PROTEST BY FORCES. WHICH WAS TRANSMITTED TO THIS OFFICE UNDER DATE OF DECEMBER 18. A COPY OF SUCH REPORT WAS FORWARDED TO FORCES FOR COMMENT. QUESTIONING CERTAIN FACTUAL INFORMATION SET OUT IN THE REPORT AND THE VALIDITY OF THE CONCLUSIONS WHICH WERE BASED UPON SUCH INFORMATION. IT WOULD APPEAR THAT CERTAIN CONCLUSIONS OF THE SURVEY TEAM WHICH WERE ADVERSE TO FORCES MAY. SINCE SUCH ADDITIONAL EVIDENCE MAY BE SUFFICIENT TO JUSTIFY A DIFFERENT CONCLUSION ON ONE OR MORE OF THE FACTORS ON WHICH THE BIDDER WAS RATED NEGATIVELY IN YOUR DEPARTMENT'S FACILITY CAPABILITY REPORT. IT IS OUR OPINION THAT THE MATTER OF FORCES' CAPABILITY SHOULD BE REEXAMINED BY YOUR DEPARTMENT.

B-152920, JAN. 20, 1964

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO A PROTEST BY FORCES, INCORPORATED, AGAINST REJECTION OF ITS BID UNDER IFB 19-628-64-28, AND TO A 4 PAGE REPORT ON SUCH PROTEST, TOGETHER WITH ENCLOSURES, WHICH WAS TRANSMITTED TO THIS OFFICE UNDER DATE OF DECEMBER 18, 1963, BY THE CHIEF OF YOUR PROCUREMENT OPERATIONS DIVISION.

UNDER DATE OF DECEMBER 20, 1963, A COPY OF SUCH REPORT WAS FORWARDED TO FORCES FOR COMMENT, AND UNDER DATE OF JANUARY 10, 1964, THE BIDDER SUBMITTED A REPLY, TOGETHER WITH COPIES OF VARIOUS DOCUMENTS, QUESTIONING CERTAIN FACTUAL INFORMATION SET OUT IN THE REPORT AND THE VALIDITY OF THE CONCLUSIONS WHICH WERE BASED UPON SUCH INFORMATION. FROM OUR EXAMINATION OF THE EVIDENCE SUBMITTED BY FORCES UNDER DATE OF JANUARY 10, IT WOULD APPEAR THAT CERTAIN CONCLUSIONS OF THE SURVEY TEAM WHICH WERE ADVERSE TO FORCES MAY, IN FACT, BE REFUTED BY THE DOCUMENTARY EVIDENCE WHICH HAS NOW BEEN SUBMITTED BY THE BIDDER. SINCE SUCH ADDITIONAL EVIDENCE MAY BE SUFFICIENT TO JUSTIFY A DIFFERENT CONCLUSION ON ONE OR MORE OF THE FACTORS ON WHICH THE BIDDER WAS RATED NEGATIVELY IN YOUR DEPARTMENT'S FACILITY CAPABILITY REPORT, IT IS OUR OPINION THAT THE MATTER OF FORCES' CAPABILITY SHOULD BE REEXAMINED BY YOUR DEPARTMENT, WITH SPECIAL REFERENCE TO THE MATERIAL SUBMITTED BY FORCES TO THIS OFFICE ON JANUARY 10. IN THE EVENT SUCH REEXAMINATION AGAIN RESULTS IN A DETERMINATION THAT FORCES IS NOT CAPABLE OF PERFORMING THE CONTRACT IN QUESTION, ALL MATERIAL CONSIDERED IN REACHING SUCH CONCLUSION SHOULD AGAIN BE REFERRED TO THE SMALL BUSINESS ADMINISTRATION, FOR CONSIDERATION UNDER THE CERTIFICATE OF COMPETENCY PROCEDURE. IN THIS CONNECTION WE ARE ENCLOSING A COPY OF OUR LETTER OF TODAY WHICH SO ADVISES FORCES, AND WHICH FURTHER ADVISES THAT, IN THE EVENT THIS MATTER IS AGAIN REFERRED TO THE SMALL BUSINESS ADMINISTRATION AND FORCES FAILS OR REFUSES TO GIVE THE NECESSARY COOPERATION TO THAT AGENCY, SUCH FAILURE OR REFUSAL WILL BE CONSIDERED ADEQUATE JUSTIFICATION FOR A REFUSAL BY THIS OFFICE TO GIVE FURTHER CONSIDERATION TO THE MERITS OF FORCES' PROTEST.

IN ACCORD WITH THE FOREGOING, THE ENCLOSURES RECEIVED WITH YOUR DEPARTMENT'S REPORT DATED DECEMBER 18, 1963, AND VOLUMES I THROUGH IV RECEIVED FROM FORCES UNDER DATE OF JANUARY 10, 1964, HAVE ALREADY BEEN RETURNED TO THE CHIEF, PROCUREMENT OPERATIONS DIVISION.