B-166972, JUN. 30, 1969
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 14. WHICH WAS DENIED TO YOU BY THAT ADMINISTRATION. IT IS OUR UNDERSTANDING THAT YOU HAVE SINCE OBTAINED A COPY OF THE PROPOSAL DOCUMENTS FROM A DIFFERENT SOURCE. PARTICULARLY IN VIEW OF THE FACT THAT YOU ARE CONSIDERING THE POSSIBILITY OF FORMING A JOINT VENTURE FOR SUBMISSION OF A PROPOSAL ON THE ITEM INVOLVED. YOU ARE CONCERNED AS TO WHETHER SUCH AN UNSOLICITED PROPOSAL WOULD BE CONSIDERED BY THE FEDERAL HIGHWAY ADMINISTRATION. IS A COPY OF THE REPORT WHICH WE HAVE RECEIVED FROM THE FEDERAL HIGHWAY ADMINISTRATION IN RESPONSE TO OUR REQUEST OF MAY 22. YOUR ATTENTION IS CALLED TO THE STATEMENT CONTAINED THEREIN THAT THE CLOSING DATE FOR RECEIPT OF PROPOSALS HAS BEEN EXTENDED INDEFINITELY.
B-166972, JUN. 30, 1969
TO SYSTEMS RESEARCH LABORATORIES, INC.:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1969, REQUESTING OUR ASSISTANCE IN OBTAINING A COPY OF REQUEST FOR PROPOSALS NO. 186 ISSUED BY THE FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, ON MAY 1, 1969, WHICH WAS DENIED TO YOU BY THAT ADMINISTRATION. PURSUANT TO A SUBSEQUENT TELEPHONE CONVERSATION WITH YOUR DIRECTOR OF MARKETING, IT IS OUR UNDERSTANDING THAT YOU HAVE SINCE OBTAINED A COPY OF THE PROPOSAL DOCUMENTS FROM A DIFFERENT SOURCE, BUT YOU STILL WISH TO BE ADVISED OF YOUR RIGHTS IN THE MATTER, PARTICULARLY IN VIEW OF THE FACT THAT YOU ARE CONSIDERING THE POSSIBILITY OF FORMING A JOINT VENTURE FOR SUBMISSION OF A PROPOSAL ON THE ITEM INVOLVED, AND YOU ARE CONCERNED AS TO WHETHER SUCH AN UNSOLICITED PROPOSAL WOULD BE CONSIDERED BY THE FEDERAL HIGHWAY ADMINISTRATION.
ENCLOSED FOR YOUR INFORMATION, IS A COPY OF THE REPORT WHICH WE HAVE RECEIVED FROM THE FEDERAL HIGHWAY ADMINISTRATION IN RESPONSE TO OUR REQUEST OF MAY 22, 1969. YOUR ATTENTION IS CALLED TO THE STATEMENT CONTAINED THEREIN THAT THE CLOSING DATE FOR RECEIPT OF PROPOSALS HAS BEEN EXTENDED INDEFINITELY, AND THE SOURCES SOLICITED HAVE BEEN INSTRUCTED TO STOP PROPOSAL PREPARATION PENDING POSSIBLE REVISION OF THE TECHNICAL REQUIREMENTS. YOU WILL ALSO NOTE THAT SUCH REPORT DOES NOT ADDRESS THE PUBLIC INFORMATION SECTION OF THE ADMINISTRATIVE PROCEDURE ACT (5 U.S.C. 552) MENTIONED IN YOUR LETTER OF MAY 14.
IN THAT LETTER YOU STATED THAT YOUR INTEREST IN OBTAINING THE PROPOSAL DOCUMENTS WAS TO PROPOSE TO THE MAJOR CONTRACTORS AS A SUBCONTRACTOR, AND IT APPEARS FROM THE FEDERAL HIGHWAY ADMINISTRATION'S REPORT OF JUNE 2 THAT SUCH ADMINISTRATION ALSO UNDERSTOOD YOUR TELEPHONE REQUESTS OF MAY 13 AND 14 FOR A COPY OF THE PROPOSAL PACKAGE TO BE FOR THAT PURPOSE.
SECTION 1-1.1002 OF THE FEDERAL PROCUREMENT REGULATIONS PROVIDES THAT A REASONABLE NUMBER OF COPIES OF A REQUEST FOR PROPOSALS SHALL BE MAINTAINED BY THE ISSUING OFFICE, AND THAT TO THE EXTENT COPIES OF A REQUEST FOR PROPOSALS ARE AVAILABLE, THEY SHALL BE PROVIDED UPON REQUEST TO MANUFACTURERS, CONSTRUCTION CONTRACTORS, AND REGULAR DEALERS AND TO OTHERS HAVING A LEGITIMATE INTEREST THEREIN, SUCH AS PUBLISHERS, TRADE ASSOCIATIONS, PROCUREMENT INFORMATION SERVICES AND OTHERS WHO DISSEMINATE INFORMATION CONCERNING SUCH MATTERS; OTHERWISE THE PROCURING ACTIVITY MAY LIMIT THE AVAILABILITY OF A REQUEST FOR PROPOSALS TO PERUSAL AT THE ISSUING OFFICE. THE MATTER OF SUBCONTRACT OPPORTUNITIES IS COVERED IN SECTION 1-1.1003-4 WHICH PROVIDES THAT IN ORDER TO BROADEN THE OPPORTUNITY IN NEGOTIATED PROCUREMENT FOR SUBCONTRACTING TO SMALL BUSINESS CONCERNS AND OTHERS, CONTRACTING OFFICERS SHALL, UNLESS NOT IN THE GOVERNMENT'S INTEREST OR SUBCONTRACTING OPPORTUNITIES DO NOT EXIST, PUBLISH IN THE COMMERCE BUSINESS DAILY THE NAMES AND ADDRESSES OF FIRMS TO WHOM REQUESTS FOR PROPOSALS ARE TO BE ISSUED IN CONNECTION WITH ALL PROCUREMENT ACTIONS OVER $500,000. CONTRACTING OFFICERS ARE ALSO ENCOURAGED TO SYNOPSIZE PROCUREMENT ACTIONS UNDER $500,000 UNLESS NOT IN THE GOVERNMENT'S INTEREST OR SUBCONTRACTING OPPORTUNITIES DO NOT EXIST. THAT SECTION FURTHER STATES THAT SUCH PROCEDURE WILL OFFER OPPORTUNITIES TO SMALL BUSINESS CONCERNS AND OTHERS INTERESTED IN SUBCONTRACTING TO MAKE DIRECT CONTRACTS WITH PROSPECTIVE PRIME CONTRACTORS AT AN EARLY STAGE IN THE PROCUREMENT. ACCORDINGLY, WHILE SUCH REGULATIONS PROVIDE FOR SUPPLYING PROSPECTIVE CONTRACTORS WITH REQUESTS FOR PROPOSALS, IT DOES NOT APPEAR THAT SUCH REGULATIONS CONTEMPLATE THE FURNISHING OF PROPOSAL PACKAGES TO FIRMS INTERESTED ONLY IN SUBCONTRACTING OPPORTUNITIES, ALTHOUGH A REQUEST FOR PROPOSALS SHOULD BE AVAILABLE AT THE ISSUING OFFICE FOR PERUSAL BY INTERESTED PARTIES UNDER SECTION 1-1.1002.
IN THE MATTER OF REQUESTS FOR COPIES OF DOCUMENTS UNDER PUBLIC AVAILABILITY OF RECORDS PROCEDURES, REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION IN SUCH AREA ARE SET OUT IN TITLE 49, SUBTITLE A, PART 7 OF THE CODE OF FEDERAL REGULATIONS. THE POLICY OF THE DEPARTMENT OF TRANSPORTATION IS STATED IN SECTION 7.3 AS MAKING INFORMATION WITHIN THE DEPARTMENT AVAILABLE TO THE PUBLIC TO THE GREATEST EXTENT POSSIBLE, AND EACH OFFICER AND EMPLOYEE OF THE DEPARTMENT IS DIRECTED TO COOPERATE TO THAT END AND TO MAKE RECORDS AVAILABLE TO THE PUBLIC PROMPTLY AND TO THE FULLEST EXTENT CONSISTENT WITH THAT POLICY. SEE SECTION 7.43 AND APPENDIX D FOR ADDRESSING WRITTEN REQUESTS FOR COPIES OF RECORDS LOCATED IN THE FEDERAL HIGHWAY ADMINISTRATION, AND PARAGRAPH 5 OF THAT APPENDIX REGARDING THE ACTION TO BE TAKEN WHEN A REQUEST IS DENIED OR THE RECORD IS NOT MADE AVAILABLE WITHIN A REASONABLE TIME.
REGARDING YOUR CONCERN THAT YOUR CONTEMPLATED PROPOSAL MIGHT BE SUBJECT TO REJECTION FOR THE REASON THAT IT WAS NOT SOLICITED, SECTION 1-1.301 OF THE FEDERAL PROCUREMENT REGULATIONS REQUIRES THAT ALL PURCHASES AND CONTRACTS, WHETHER BY FORMAL ADVERTISING OR BY NEGOTIATION, BE MADE ON A COMPETITIVE BASIS TO THE MAXIMUM PRACTICABLE EXTENT, AND SUCH REGULATIONS DO NOT APPEAR TO PROVIDE FOR SUMMARILY REJECTING A PROPOSAL FOR FURNISHING AN ITEM SOLELY ON THE BASIS THAT A PROPOSAL WAS NOT SOLICITED FROM THAT SOURCE. COMPARE 15 COMP. GEN. ..END :