B-153667, JUN. 8, 1964
Highlights
INC: REFERENCE IS MADE TO YOUR TELEGRAM DATED APRIL 22. YOU ADVISE THAT ADMINISTRATIVE DECISION AWARDING CONTRACT TO YOUR COMPETITOR WAS MADE ON APRIL 2. SPECIFICALLY PROVIDES THAT THE MAKING OF AN AWARD DOES NOT HAVE TO AWAIT THE RESOLUTION OF A PROTEST AGAINST THE AWARD. THE CONTRACTING OFFICER HAS DETERMINED THAT THE ITEMS TO BE PROCURED ARE URGENTLY NEEDED. WE AGREE THAT THIS IS NECESSARY PROCEDURE PROVIDED. THE CONTRACTING OFFICER FIRST DETERMINES THAT THE AWARD TO BE MADE IS LEGALLY PROPER. THE PROPRIETY OF THE PROCUREMENT WAS CONSIDERED AND APPROVED IN OUR DECISION OF APRIL 22. FURTHER ACTION WITH RESPECT TO THE INFORMATION CONTAINED IN YOUR ABOVE TELEGRAM IS UNNECESSARY.
B-153667, JUN. 8, 1964
TO EVANS COOPERAGE COMPANY, INC:
REFERENCE IS MADE TO YOUR TELEGRAM DATED APRIL 22, 1964, ACKNOWLEDGING RECEIPT OF OUR DECISION B-153667 OF SAME DATE WHICH DENIED YOUR PROTEST OF THE AWARD PROCEDURE UNDER REQUEST FOR PROPOSALS NO. DSA 4-64-1298, ISSUED BY DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA. YOU ADVISE THAT ADMINISTRATIVE DECISION AWARDING CONTRACT TO YOUR COMPETITOR WAS MADE ON APRIL 2, TWENTY DAYS BEFORE OUR DENIAL OF YOUR PROTEST AND YOU REQUEST AND INVESTIGATION REGARDING THIS MATTER.
ARMED SERVICES PROCUREMENT REGULATION, SECTION 2-407.9 (B) (2), SPECIFICALLY PROVIDES THAT THE MAKING OF AN AWARD DOES NOT HAVE TO AWAIT THE RESOLUTION OF A PROTEST AGAINST THE AWARD. WHERE, AS HERE, THE CONTRACTING OFFICER HAS DETERMINED THAT THE ITEMS TO BE PROCURED ARE URGENTLY NEEDED, WE AGREE THAT THIS IS NECESSARY PROCEDURE PROVIDED, OF COURSE, THAT IN EACH SUCH CASE, THE CONTRACTING OFFICER FIRST DETERMINES THAT THE AWARD TO BE MADE IS LEGALLY PROPER. THE PROPRIETY OF THE PROCUREMENT WAS CONSIDERED AND APPROVED IN OUR DECISION OF APRIL 22.
THEREFORE, FURTHER ACTION WITH RESPECT TO THE INFORMATION CONTAINED IN YOUR ABOVE TELEGRAM IS UNNECESSARY.