B-134705, FEB. 14, 1958
Highlights
TO THE EFFECT THAT YOU WERE NOT ALLOWED TO PRESENT YOUR QUALIFICATIONS TO PERFORM "UNDER REVISED CIRCUMSTANCES" AN ECONOMIC SURVEY AND REPORT ON MAINE IN CONNECTION WITH THE INTERNATIONAL PASSAMAQUODDY TIDAL POWER PROJECT. WHICH IS ASSOCIATED IN THIS WORK WITH THE SURVEY GROUP IN THE NEW ENGLAND DIVISION. ALL OF THESE COMPANIES WERE ADVISED INFORMALLY OF THE TYPE OF SURVEY AND THE RESULTS EXPECTED FROM THEM. WERE REQUESTED TO SUBMIT AN OUTLINE OF THEIR METHODS OF PROCEDURE AS WELL AS THEIR QUALIFICATIONS TO PERFORM THIS PARTICULAR TYPE OF WORK. THE ITEMS OF WORK WERE CONSIDERED TO BE WITHIN THE PURVIEW OF THE FEDERAL POWER COMMISSION'S INVESTIGATION PROGRAM IN CONNECTION WITH THE PASSAMAQUODDY TIDAL POWER PROJECT.
B-134705, FEB. 14, 1958
TO ARTHUR LAZARUS COMPANY:
A REPORT HAS BEEN RECEIVED FROM THE DEPARTMENT OF THE ARMY CONCERNING THE PROTEST MADE IN YOUR LETTER OF DECEMBER 18, 1957, TO THE EFFECT THAT YOU WERE NOT ALLOWED TO PRESENT YOUR QUALIFICATIONS TO PERFORM "UNDER REVISED CIRCUMSTANCES" AN ECONOMIC SURVEY AND REPORT ON MAINE IN CONNECTION WITH THE INTERNATIONAL PASSAMAQUODDY TIDAL POWER PROJECT.
THE REPORT SETS FORTH THAT THE NEW YORK REGIONAL OFFICE OF THE FEDERAL POWER COMMISSION, WHICH IS ASSOCIATED IN THIS WORK WITH THE SURVEY GROUP IN THE NEW ENGLAND DIVISION, CORPS OF ENGINEERS, MADE INFORMAL CONTACTS WITH ENGINEERING COMPANIES THAT MIGHT BE CAPABLE OF PERFORMING THE ECONOMIC SURVEY. ALL OF THESE COMPANIES WERE ADVISED INFORMALLY OF THE TYPE OF SURVEY AND THE RESULTS EXPECTED FROM THEM, AND WERE REQUESTED TO SUBMIT AN OUTLINE OF THEIR METHODS OF PROCEDURE AS WELL AS THEIR QUALIFICATIONS TO PERFORM THIS PARTICULAR TYPE OF WORK. MOST OF THE COMPANIES RESPONDED WITH A LARGE AMOUNT OF INFORMATION CONCERNING THEMSELVES, THEIR ACTIVITIES, AND AN OUTLINE OF THE WORK AS THEY SAW IT. IN SOME CASES THEY INCLUDED AN APPROXIMATE ESTIMATE FOR THEIR WORK AS OUTLINED.
THE ITEMS OF WORK WERE CONSIDERED TO BE WITHIN THE PURVIEW OF THE FEDERAL POWER COMMISSION'S INVESTIGATION PROGRAM IN CONNECTION WITH THE PASSAMAQUODDY TIDAL POWER PROJECT. HOWEVER, THE MATTER OF NEGOTIATING THE CONTRACT FOR THE PERFORMANCE OF THE ECONOMIC SURVEY WAS TRANSFERRED TO THE NEW ENGLAND DIVISION, CORPS OF ENGINEERS, BY MUTUAL AGREEMENT AND WITH THE APPROVAL OF THE CHAIRMAN, U.S. SECTION, INTERNATIONAL PASSAMAQUODDY ENGINEERING BOARD.
A PRE-NEGOTIATION SURVEY LIST, PREPARED IN THE ORDER OF PREFERENCE AFTER CAREFUL CONSIDERATION OF THE INFORMATION FURNISHED TO THE FEDERAL POWER COMMISSION, WAS PRESENTED TO THE REVIEW BOARD FOR AWARD OF ARCHITECT- ENGINEER CONTRACTS OF THE NEW ENGLAND DIVISION, CORPS OF ENGINEERS. THE FIRM OF ARTHUR D. LITTLE, INC., CAMBRIDGE, MASSACHUSETTS, WAS SELECTED FOR NEGOTIATIONS AND A CONTRACT WITH THAT FIRM WAS ENTERED INTO ON OCTOBER 29, 1957. ARTHUR D. LITTLE, INC., IS NOW PROCEEDING WITH THE WORK AND HAS MADE CONSIDERABLE PROGRESS WITH THE CONTRACT.
THE DEPARTMENTAL REPORT STATES THAT IN SELECTING THE CONTRACTOR ALL AVAILABLE INFORMATION CONCERNING THE VARIOUS PROSPECTIVE CONTRACTORS WAS CAREFULLY WEIGHED AND NEGOTIATIONS WERE CONDUCTED WITH THE ONE CONSIDERED MOST QUALIFIED IN THE OPINION OF THE CONTRACTING OFFICER. WITH RESPECT TO YOUR CONTENTION THAT CHANGES HAD BEEN MADE IN THE SCOPE OF THE ASSIGNMENT, IT IS STATED THAT THERE IS NO REASON FOR BELIEVING THAT THE GENERAL DIMENSIONS OF THE PROBLEM WERE NOT DESCRIBED EQUALLY TO EACH INTERESTED CONTRACTOR.
IN THE CIRCUMSTANCES, AND CONSIDERING THAT THE SELECTION OF A FIRM WITH WHICH TO NEGOTIATE A GOVERNMENT CONTRACT NOT REQUIRED TO BE LET BY FORMAL ADVERTISING IS A MATTER PRIMARILY OF ADMINISTRATIVE CONCERN, YOU ARE ADVISED THAT NO FURTHER ACTION ON YOUR PROTEST APPEARS TO BE REQUIRED BY OUR OFFICE.