B-127930, OCT. 12, 1956

B-127930, OCT. 12, 1956

TO ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 10, 1956, WITH ENCLOSURES, REPLYING TO OUR LETTER OF JUNE 8, 1956, TO YOU, CONCERNING PROCEDURES FOR EFFECTING REPAIRS, ALTERATIONS AND IMPROVEMENTS TO LEASED PREMISES WITHOUT REGARD TO THE ADVERTISING REQUIREMENTS OF SECTION 303 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, 41 U.S.C. 253.

THERE WAS TRANSMITTED WITH YOUR LETTER A DRAFT OF PROPOSED MODIFICATIONS OF ADMINISTRATIVE REGULATIONS AS CONTAINED IN CHAPTER 111, MANUAL GS-6-3, WHICH MODIFICATIONS YOU SUGGEST WILL EFFECTIVELY SATISFY THE POINTS RAISED IN OUR LETTER OF JUNE 8, 1956, CONCERNING THE PROCEDURES OBTAINING IN YOUR ATLANTA REGIONAL OFFICE FOR ACCOMPLISHING SUCH REPAIRS, ALTERATIONS AND IMPROVEMENTS. THE REGULATIONS ARE INTENDED PRIMARILY TO SAFEGUARD THE GOVERNMENT'S INTERESTS WHERE THE WORK IS TO BE PERFORMED BY THE LESSOR UNDER A SUPPLEMENTAL AGREEMENT WITHOUT STRICT COMPLIANCE WITH THE ABOVE STATUTORY REQUIREMENTS FOR ADVERTISING.

FOR THE REASONS STATED IN YOUR LETTER, THE PROCEDURES AS OUTLINED THEREIN AND AS IMPLEMENTED BY THE PROPOSED MODIFICATION OF THE REGULATIONS AS CONTAINED IN CHAPTER 111, MANUAL GS-6, MAY BE ACCEPTED AS ESSENTIALLY IN CONFORMANCE WITH THE ADVERTISING REQUIREMENTS OF SECTION 303 OF THE STATUTE EXCEPT AS HEREINAFTER NOTED. WHERE THE ESTIMATED COST EXCEEDS $1,000, AND IT IS NECESSARY TO RESORT TO AN INDEPENDENT CONTRACTOR FOR THE PERFORMANCE OF THE WORK, THE FACTORS FOR CONSIDERATION IN CONNECTION WITH AN AWARD TO THE LESSOR ARE NOT PRESENT. IN SUCH SITUATIONS, WE BELIEVE THAT THERE IS NO JUSTIFICATION FOR FAILURE TO COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 303 AND THAT THE INFORMAL SOLICITATION OF BIDS MAY NOT BE REGARDED AS MEETING SUCH REQUIREMENTS. IT IS REPORTED INFORMALLY THAT YOUR ADMINISTRATION IS IN ACCORD WITH THAT VIEW. ACCORDINGLY, IT IS SUGGESTED THAT AFTER THE WORD "APPROPRIATE" IN THE NINTH LINE, PAGE TWO, OF THE PROPOSED REGULATION THE PERIOD BE OMITTED, AND THAT THERE BE ADDED LANGUAGE SUBSTANTIALLY AS FOLLOWS: "PURSUANT TO THE ADVERTISING REQUIREMENTS OF SECTION 303 OF THE ACT.' ALSO, WE BELIEVE IT WOULD BE DESIRABLE AND HELPFUL THAT THERE BE INCLUDED IN THE RECORD A STATEMENT BY THE CONTRACTING OFFICER SHOWING THE BASIS--- INCLUDING THE FACTORS CONSIDERED--- FOR SELECTION OF THE PARTICULAR METHOD FOR ACCOMPLISHMENT OF THE WORK. OTHER THAN THE FOREGOING WE SEE NO OBJECTION TO ISSUANCE OF THE PROPOSED REVISION.