B-151731, AUG. 6, 1963

B-151731, AUG. 6, 1963

TO LODAL, INC.:

REFERENCE IS MADE TO YOUR WIRE DATED JUNE 28, 1963, PROTESTING OUR DECISION DATED JULY 3, 1963, B-151731, WHICH RESPECT TO THE AWARD OF A CONTRACT UNDER IFB NO. 02-604-63-92 ISSUED APRIL 29, 1963, BY THE BASE PROCUREMENT OFFICE, LUKE AIR FORCE BASE, ARIZONA. COPY OF THIS DECISION IS ENCLOSED.

SUBSEQUENT TO THE RECEIPT OF YOUR WIRE, AN INFORMAL CONFERENCE WAS GRANTED BY A REPRESENTATIVE OF OUR STAFF TO MR. ALAN D. HUTCHISON OF SHARP AND BOGAN, LOCAL ATTORNEYS REPRESENTING YOUR COMPANY IN THIS MATTER. ALL ASPECTS OF THE PROCUREMENT WERE REVIEWED IN DETAIL WITH MR. HUTCHISON, WHO UPON READING THE PROVISIONS OF ASPR 2-404.5 RELATING TO "ALL OR NONE LIFICATIONS," EXPRESSED THE VIEW THAT THE BASE JUDGE ADVOCATE WAS IN ERROR IN THIS CASE AND CONCEDED THAT OUR DECISION WAS THE PROPER DETERMINATION TO MAKE UNDER THE CIRCUMSTANCES.

WITH RESPECT TO OUR DECISION B-147815, DATED JANUARY 12, 1962, CONCERNING A SIMILAR PROTEST MATTER, COPY ENCLOSED, YOU WILL NOTE THAT THE PENULTIMATE PARAGRAPH REFERRED TO IN YOUR WIRE DOES NOT INCLUDE LANGUAGE TO THE EFFECT THAT THE INVITATION INVOLVED EXPRESSLY PERMITTED "ALL OR NONE" BIDS. ON THE CONTRARY, IT IS STATED THEREIN THAT "IT WOULD NOT BE REASONABLE, AND MIGHT INDEED BE SUBJECT TO QUESTION, IF THE INVITATION EXPRESSLY PERMITTED ALL OR NONE BIDS AND THE GOVERNMENT THEN REFUSED TO MAKE AWARD TO THE LOWEST AGGREGATE BIDDER BECAUSE HE BID ON THAT BASIS.' IN FACT, THE PERTINENT PROVISIONS OF THAT INVITATION AND THE INVITATION OF APRIL 29, 1963, WHICH IS THE SUBJECT OF OUR DECISION OF JULY 3, 1963, ARE IN ALL MATERIAL RESPECTS THE SAME.

FROM A CAREFUL REVIEW OF ALL THE FACTS AND CIRCUMSTANCES, WE FIND NO BASIS FOR MODIFYING OUR DECISION OF JULY 3, 1963, AND IT IS THEREFORE AFFIRMED.