B-109132, JUN 4, 1952

B-109132, JUN 4, 1952

PRECIS-UNAVAILABLE

THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 9, 1952, REFERRING TO DECISION OF MARCH 31, 1950, B-91381, 29 COMP. GEN. 393, TO THE SECRETARY OF THE NAVY, WHEREIN IT WAS HELD THAT THIS OFFICE WOULD NOT OBJECT TO THE PROCEDURE PROPOSED OF DETERMINING ADMINISTRATIVELY THE THREE TYPES OF ERROR IN BID CASES ENUMERATED THEREIN, WHEN ERROR IS ALLEGED PRIOR TO AWARD, WITHOUT SUBMISSION OF THE MATTER FOR ADVANCE DECISION. SAID AUTHORITY WAS GRANTED WITH THE UNDERSTANDING THAT, AMONG OTHER THINGS, ALL SUCH AUTHORIZED ADMINISTRATIVE DETERMINATIONS WOULD BE CENTRALIZED WITHIN THE DEPARTMENT.

IN YOUR LETTER IT IS STATED THAT, RELYING ON SAID DECISION, AUTHORITY TO MAKE DETERMINATIONS WITH RESPECT TO THE REFERRED-TO THREE TYPES OF ERROR IN BID CASES IS EXERCISED BY THE CHIEF, PURCHASES BRANCH, OFFICE OF THE ASSISTANT CHIEF OF STAFF, G-4, AND YOU REQUEST TO BE INFORMED WHETHER THIS OFFICE WILL OBJECT TO SUCH AUTHORITY BEING EXERCISED BY THE HEADS OF THREE PROCURING AGENCIES FOR REASONS SET FORTH IN YOUR LETTER AS FOLLOWS:

"DURING THE PERIOD FROM 15 FEBRUARY 1951 TO 15 FEBRUARY 1952 THE MENTIONED OFFICER CONSIDERED AND ACTED UPON 245 MISTAKE IN BID CASES WITHIN THE THREE CATEGORIES MENTIONED IN THE FIRST PARAGRAPH OF THIS LETTER. OF THE MENTIONED CASES, 74 ORIGINATED IN ACTIVITIES UNDER THE SUPERVISION AND CONTROL OF THE QUARTERMASTER GENERAL, 63 IN ACTIVITIES STAFF, G-4, THIS OFFICE WILL NOT OBJECT TO THE FURTHER DELEGATION OF AUTHORITY TO THE QUARTERMASTER GENERAL, THE CHIEF OF ORDNANCE, AND THE CHIEF OF ENGINEERS, TO MAKE ADMINISTRATIVE DETERMINATIONS IN THE REFERRED- TO THREE TYPES OF ERROR IN BID CASES CONSISTENT WITH THE METHODS AND LIMITATIONS SET FORTH IN THE DECISION OF MARCH 31, 1950, IN CONNECTION WITH CASES ARISING WITHIN THE PROCUREMENT ACTIVITIES UNDER THEIR RESPECTIVE JURISDICTIONS.