B-61937, APR. 7, 1966

B-61937, APR. 7, 1966

TO THE SECRETARY OF DEFENSE:

WE HAVE A LETTER DATED MARCH 28, 1966, WITH ENCLOSURE, FROM YOUR ASSISTANT SECRETARY OF DEFENSE (INSTALLATIONS AND LOGISTICS), REQUESTING OUR APPROVAL FOR USE ON A TEST BASIS DD FORM 1155 IN MAKING HIGH PRIORITY PURCHASES AND PAYMENTS IN EXCESS OF $2,500 BUT NOT TO EXCEED $10,000, WHEN NEGOTIATED PURSUANT TO THE AUTHORITY OF 10 U.S.C. 2304 (A) (2).

THE LETTER REFERS TO A PRIOR APPROVAL BY OUR OFFICE OF THE USE OF THE FORM FOR PURCHASES AND PAYMENTS IN THE SAME PRICE RANGE TO SUPPORT DEPLOYED FORCES IN REMOTE AREAS, AND IT IS STATED THAT MANY OF THE INSTANT PURCHASES ARE FOR SUPPORT OF OPERATIONS IN VIETNAM. IT IS FURTHER STATED THAT BECAUSE OF INCREASED WORKLOADS MILITARY PROCURING OFFICES HAVE DEVELOPED SUBSTANTIAL BACKLOGS OF HIGH PRIORITY PURCHASES AND IT IS ANTICIPATED THAT THE PROPOSED PROCEDURE WILL MATERIALLY REDUCE SUCH BACKLOGS. WE ALSO OBSERVE THAT, WHILE THE PROVISIONS OF ASPR 3-608.2 (C) (1) AND 3-604.2 APPEAR TO CONTEMPLATE, GENERALLY, ORAL SOLICITATIONS IN CONJUNCTION WITH THE USE OF THE FORM FOR PURCHASES WITHIN THE FORM'S MAXIMUM PRICE LIMITATIONS, THE IMPLEMENTING PROCEDURES FORWARDED WITH THE LETTER OF MARCH 28 REQUIRE USE OF STANDARD FORM 18 (REQUEST FOR QUOTATIONS) FOR SOLICITATIONS IN THE PRICE RANGE HERE CONCERNED UNLESS ORAL ARE JUSTIFIED BY SPECIFIED CRITERIA, WHICH INCLUDE A CLEAR DOCUMENTED SHOWING THAT THE CIRCUMSTANCES OF THE PUBLIC EXIGENCY REQUIRE THE USE OF ORAL SOLICITATIONS.

IN VIEW OF THE FOREGOING, AND AS IT IS UNDERSTOOD THAT THE OBJECTIVE OF THE SUGGESTED PROCEDURE IS TO SIMPLIFY INTERNAL OPERATIONS WHICH WILL NOT AFFECT PRESENT REQUIREMENTS FOR COMPETITION OR FOR DETERMINATIONS AND FINDINGS OR OTHERWISE BROADEN THE SCOPE OF PROCUREMENTS BY NEGOTIATION, YOU ARE ADVISED THAT WE HAVE NO OBJECTION TO THE EXTENDED USE OF DD FORM 1155 ON A TEST BASIS AS PROPOSED.