B-157163, DEC. 16, 1965
Highlights
TO HOGAN AND HARTSON: REFERENCE IS MADE TO YOUR LETTER DATED JULY 6. A COPY OF THIS LETTER IS ENCLOSED. THE QUESTIONED PROCEDURES DO NOT AFFECT THE LEGALITY OF THE CONTRACT AND THE LEECE-NEVILLE COMPANY HAS ENTERED UPON PERFORMANCE AND UNDERTAKEN COMMITMENTS WHICH WOULD UNDOUBTEDLY LEAD TO LITIGATION WERE OUR OFFICE TO DECLARE THE TRANSACTION A NULLITY. FOR THESE REASONS WE ARE CONSTRAINED TO DENY YOUR REQUEST THAT THE CONTRACT BE SET ASIDE.
B-157163, DEC. 16, 1965
TO HOGAN AND HARTSON:
REFERENCE IS MADE TO YOUR LETTER DATED JULY 6, 1965, AND SUBSEQUENT CORRESPONDENCE, WRITTEN ON BEHALF OF VAP-AIR, DIVISION OF VAPOR CORPORATION, PROTESTING THE AWARD OF A CONTRACT TO THE LEECE-NEVILLE COMPANY FOR A QUANTITY OF SOLID STATE VOLTAGE REGULATORS.
OUR OFFICE HAS UNDERTAKEN AN EXTENSIVE REVIEW OF THE FACTS AND CIRCUMSTANCES SURROUNDING THE MATTER AND, AS A RESULT, HAS ADDRESSED A LETTER TO THE SECRETARY OF THE ARMY QUESTIONING CERTAIN OF THE PROCEDURES UTILIZED BY THE ARMY TANK-AUTOMOTIVE CENTER IN ENTERING INTO IT. A COPY OF THIS LETTER IS ENCLOSED.
WE CONCLUDED, HOWEVER, THAT IT WOULD NOT BE IN THE BEST INTERESTS OF THE GOVERNMENT TO CANCEL THE AWARD. THE QUESTIONED PROCEDURES DO NOT AFFECT THE LEGALITY OF THE CONTRACT AND THE LEECE-NEVILLE COMPANY HAS ENTERED UPON PERFORMANCE AND UNDERTAKEN COMMITMENTS WHICH WOULD UNDOUBTEDLY LEAD TO LITIGATION WERE OUR OFFICE TO DECLARE THE TRANSACTION A NULLITY.
FOR THESE REASONS WE ARE CONSTRAINED TO DENY YOUR REQUEST THAT THE CONTRACT BE SET ASIDE, ALTHOUGH WE BELIEVE THERE MAY BE MERIT TO CERTAIN OF THE ARGUMENTS MADE IN FAVOR OF YOUR CLIENT.