B-177844, JAN 26, 1973

B-177844, JAN 26, 1973

PROPOSED PROCUREMENT - UNIQUE SERVICES - 41 U.S.C. 5 EXCEPTION DECISION ALLOWING A PROPOSED PROCUREMENT BY THE ARCHITECT OF THE CAPITOL FOR SERVICES COVERING THE DESIGN, MODELING AND CASTING OF ARCHITECTURAL ORNAMENTATION ATTENDANT TO THE MODIFICATION OF CERTAIN PARTS OF THE CAPITOL TO BE MADE UNDER THE EXCEPTION PROVISIONS OF 41 U.S.C. 5. WHERE THE DESIRED SERVICES ARE SO SPECIALIZED THAT ONLY ONE RELIABLE CONTRACTOR IS CAPABLE OF PERFORMING THE DESIRED WORK, AN URGENT PROCUREMENT UNDER THE 41 U.S.C. 5 EXCEPTION IS JUSTIFIED.

TO MR. GEORGE M. WHITE:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 17, 1973, REQUESTING OUR VIEW AS TO WHETHER THE CIRCUMSTANCES OF YOUR PROPOSED PROCUREMENT OF SERVICES COVERING THE DESIGN, MODELING AND CASTING OF ARCHITECTURAL ORNAMENTATION ATTENDANT TO THE MODIFICATION OF CERTAIN PASSAGEWAYS IN THE CAPITOL WOULD SATISFACTORILY SUPPORT A FINDING OF AN EXCEPTION TO THE ADVERTISING REQUIREMENTS OF 41 U.S.C. 5.

YOUR LETTER TRANSMITS A MEMORANDUM WHEREIN IT IS REPRESENTED THAT THE DESIRED SERVICES INVOLVE A VERY SPECIALIZED TYPE OF CLASSICAL ARCHITECTURAL SCULPTURING WHICH REQUIRES THAT ALL PHASES OF THE WORK BE PERFORMED BY THE SAME ARCHITECTURAL SCULPTOR. IT IS REPORTED THAT, DUE TO AN APPARENT LACK OF DEMAND FOR THIS TYPE OF SCULPTURING, ONLY ONE (GEOGRAPHICALLY ACCESSIBLE) RELIABLE ARCHITECTURAL SCULPTOR IS CAPABLE OF PERFORMING THE DESIRED WORK.

WE BELIEVE THAT THESE REPRESENTATIONS, TOGETHER WITH THE URGENCY OF THE PROCUREMENT, JUSTIFY AN EXCEPTION TO THE NORMAL COMPETITIVE REQUIREMENTS OF 41 U.S.C. 5.