B-188705, JULY 12, 1977

B-188705: Jul 12, 1977

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PROTEST OF MANNER IN WHICH SURPLUS PROPERTY SALE IS CONDUCTED WILL NOT BE CONSIDERED. SINCE MATTER IS BEFORE COURT OF COMPETENT JURISDICTION. ALL OF WHICH WERE PARTIALLY DISMANTLED OR INCOMPLETE. THREE DIFFERENT TYPES OF AIRCRAFT WERE INCLUDED IN THE SALE: C-97'S. SOME OF THE AIRCRAFT WERE CONSIDERED POTENTIALLY CERTIFIABLE AS AIRWORTHY. ALL OR NONE BIDS WERE PERMITTED. CONSOLIDATED AERONAUTICS CORPORATION WAS DETERMINED TO BE THE HIGH BIDDER WITH AN "ALL OR NONE" BID IN THE AMOUNT OF $369. PROTESTS AGAINST THE IFB WERE FILED WITH OUR OFFICE ON MARCH 30. CONTESTING THE MANNER IN WHICH THE SALE WAS ORGANIZED. WE HAVE HAD NO FURTHER COMMUNICATION FROM THE LATTER TWO PROTESTERS DESPITE LETTERS TO EACH OF THEM ON MAY 15.

B-188705, JULY 12, 1977

PROTEST OF MANNER IN WHICH SURPLUS PROPERTY SALE IS CONDUCTED WILL NOT BE CONSIDERED, SINCE MATTER IS BEFORE COURT OF COMPETENT JURISDICTION.

KOLAR, INC.; PACIFIC PROPELLER, INC.; SUN VALLEY AVIATION:

THE DEFENSE PROPERTY DISPOSAL SERVICE ISSUED INVITATION FOR BIDS (IFB) 41 -7125 FOR THE SALE OF 69 ITEMS OF SURPLUS DEPARTMENT OF DEFENSE AIRCRAFT, ALL OF WHICH WERE PARTIALLY DISMANTLED OR INCOMPLETE. THREE DIFFERENT TYPES OF AIRCRAFT WERE INCLUDED IN THE SALE: C-97'S, C-121'S AND C-54'S. SOME OF THE AIRCRAFT WERE CONSIDERED POTENTIALLY CERTIFIABLE AS AIRWORTHY. ALL OR NONE BIDS WERE PERMITTED.

AT THE BID OPENING ON MARCH 23, 1977, CONSOLIDATED AERONAUTICS CORPORATION WAS DETERMINED TO BE THE HIGH BIDDER WITH AN "ALL OR NONE" BID IN THE AMOUNT OF $369,003. THE RECORD SHOWS THAT KOLAR, INC., BID $250,000 ON AN "ALL OR NONE" BASIS.

PROTESTS AGAINST THE IFB WERE FILED WITH OUR OFFICE ON MARCH 30, 1977, BY KOLAR, INC., PACIFIC PROPELLER, INC., AND SUN VALLEY AVIATION, CONTESTING THE MANNER IN WHICH THE SALE WAS ORGANIZED. WE HAVE HAD NO FURTHER COMMUNICATION FROM THE LATTER TWO PROTESTERS DESPITE LETTERS TO EACH OF THEM ON MAY 15, 1977, ADVISING THAT IF THEY WISHED US TO CONSIDER THE MATTER FURTHER THEY HAD TO ADVISE US WITHIN 10 WORKING DAYS AFTER THE RECEIPT OF THE LETTER. THUS, WE ASSUME THEY NO LONGER WISH TO PURSUE THIS MATTER.

AS TO KOLAR, IT ALLEGES THAT THE INCLUSION OF SCRAP AIRCRAFT AND POTENTIALLY CERTIFIABLE AIRCRAFT IN THE SAME SALE IS CONTRARY TO THE PROPERTY DISPOSAL REGULATIONS AND THE PROVISION OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 PERTAINING TO SURPLUS PROPERTY DISPOSAL. 40 U.S.C. 484 (1970). HOWEVER, KOLAR HAS FILED A COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA SEEKING AN ADJUDICATION ON THE MERITS BY THE COURT. THE COMPLAINT HAS BEEN ASSIGNED CIVIL NO. 77-124-TUC-WCF BY UNITED STATES DISTRICT COURT IN TUCSON, ARIZONA.

IT HAS LONG BEEN THE POLICY OF OUR OFFICE NOT TO DECIDE MATTERS WHERE THE MATERIAL ISSUES INVOLVED ARE BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT EXPRESSES AN INTEREST IN RECEIVING OUR VIEWS. COMP.GEN. 706 (1973); GRUMMAN ECOSYSTEMS, CORPORATION, B-184617, OCTOBER 24, 1975, 75-2 CPD 252; ELEVATOR SALES AND SERVICE, INC., B-188460, APRIL 14, 1977, 77-1 CPD 259; 4 C.F.R. 20.10 (1977).

ACCORDINGLY, WE WILL TAKE NO FURTHER ACTION ON THE MATTER.