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WE WISH TO OBSERVE THAT YOUR JANUARY 22 LETTER REPEATS SUBSTANTIALLY THE SAME ALLEGATIONS OF UNFAIRNESS AND ULTERIOR MOTIVES ON THE PART OF THE CONTRACTING OFFICER IN NEGOTIATING THE AWARD OF THE CONTRACT AS WERE PREVIOUSLY MADE AND CONSIDERED IN OUR DECISION OF DECEMBER 22. INVESTIGATION WAS ALSO MADE TO DETERMINE WHETHER THERE IS ANY EVIDENCE TO SUPPORT YOUR CURRENT ALLEGATIONS. THE RESULTS OF INVESTIGATION CLEARLY DEMONSTRATE THAT THE NEGOTIATIONS WERE PROPERLY CONDUCTED BY COMPETENT PERSONNEL IN ACCORDANCE WITH EXISTING REGULATIONS. THE INFORMATION DEVELOPED ADEQUATELY SUPPORTS THE PROPRIETY OF THE PROCUREMENT AND THE AIR FORCE CONCLUSION THAT YOUR ALLEGATIONS ARE WITHOUT FACTUAL BASIS.

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B-155413, APR. 21, 1965

TO WOLVERINE DIESEL POWER CO.:

WE REFER TO YOUR LETTER OF JANUARY 22, 1965, WITH ENCLOSURES, WHEREIN YOU REQUESTED THAT WE REVIEW OUR DECISION OF DECEMBER 22, 1964, WHICH DENIED YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO THE LIBBY WELDING COMPANY, INC., UNDER REQUEST FOR PROPOSALS NO. 65 08004.

AT THE OUTSET, WE WISH TO OBSERVE THAT YOUR JANUARY 22 LETTER REPEATS SUBSTANTIALLY THE SAME ALLEGATIONS OF UNFAIRNESS AND ULTERIOR MOTIVES ON THE PART OF THE CONTRACTING OFFICER IN NEGOTIATING THE AWARD OF THE CONTRACT AS WERE PREVIOUSLY MADE AND CONSIDERED IN OUR DECISION OF DECEMBER 22.

IN VIEW OF THE NATURE OF YOUR CHARGES AGAINST THE CONTRACTING OFFICER, THE AIR FORCE CONDUCTED AN INVESTIGATION OF THE PROCUREMENT TO ASSURE AN INDEPENDENT EXAMINATION, ANALYSIS AND EVALUATION OF THE EVENTS AND CIRCUMSTANCES WHICH LED TO THE AWARD OF THE CONTRACT. INVESTIGATION WAS ALSO MADE TO DETERMINE WHETHER THERE IS ANY EVIDENCE TO SUPPORT YOUR CURRENT ALLEGATIONS. THE RESULTS OF INVESTIGATION CLEARLY DEMONSTRATE THAT THE NEGOTIATIONS WERE PROPERLY CONDUCTED BY COMPETENT PERSONNEL IN ACCORDANCE WITH EXISTING REGULATIONS. THE INFORMATION DEVELOPED ADEQUATELY SUPPORTS THE PROPRIETY OF THE PROCUREMENT AND THE AIR FORCE CONCLUSION THAT YOUR ALLEGATIONS ARE WITHOUT FACTUAL BASIS.

WE HAVE CAREFULLY REVIEWED THE MATTER IN THE LIGHT OF YOUR ALLEGATIONS AND THE DOCUMENTED INFORMATION SUBMITTED BY THE AIR FORCE AND WE HAVE CONCLUDED THAT YOUR ALLEGATIONS DO NOT WARRANT FURTHER ACTION BY OUR OFFICE. NO USEFUL PURPOSE COULD BE SERVED BY ENUMERATING THE POINTS OF DIFFERENCE BETWEEN YOUR VERSION OF THE FACTS AND THAT OF THE AIR FORCE. SUFFICE IT TO SAY WE CONSISTENTLY ADOPT THE ADMINISTRATIVE STATEMENT OF FACTS WHERE, AS HERE, THEY HAVE NOT BEEN REFUTED BY COMPETENT EVIDENCE.

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