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B-176949,B-177228 1 (1973-08-17)

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           **COMPTflO.EJR CIEALt.ItJ. Or THE: UNITEID STATES-+
                                      ~WAqIUNCJTt4 D.C. ,,l\',4S



                                          August 17, 1973
             34 '772M


             3. D. SEony, Iqaire
             Suite 5 6 Wlshirewlover   ldg.
             615 South Flovc0 Street
             lo- Angeles, California 90017

             Dwr Mr t,.eet
                 Thits 1sin referacne to the September B ta ().tober ,11972,
             telefax zesnageo frcnHarborDot,'t Building mpwyp anto ym
             subsequent connpondecoe on its behalf, protesting u4ainst the
             award of contracts undei, invitatton for bids (M373) No,, 11791-73-
             n-0433 and 1162791,7D*CuV11) issued by the tupe=rviso  of Shipm
             buiding  31th 1va District, Ban Diego, CaLifonrda.

                 YTB - 0433 was for the dry%4tooing and repafr of utflity landing
             =-af w-1628, and 1m- o471 called Por slir work on LCU-1617.
             Both soliutitions contmized a requirement that the work be performed
             in the Sari Diego area. Your client's bids en the two 1'ocurets,
             while tpparenty low, were zejected because they indicated Tnnaina
             Ialand, Clifornia a distance of LIproxm&'ily 100 m.les zrcm Bau
             D)iego, sa the place of pcrfoince. Awardu in both inotmalceu were
             then made to the secon& lov bidders,

                 You object to the use of the geogrphic restcotion In those        r
             izwititionc. and to the Navy's Hite Port flUcy which results ini
             such  eatriotionzw You &ssert that this nolicy violates variouu
             procureznt Mwn and rejulatimos because it restrirets cauputit.on
             and because it it contrvry to various natiuzla polcies ro;rdirha
             a broAd mobilization and indutrlia. bue. You also claim tat the
             requirement for performance in the Sa Diego area nan not a material
             reqxtrcnent of these solicitatious and therefc. should havo boma
/           valved so as to permit acceptance of your cliat's bi'se.

                 The Navy reports that the Ike Port Policy, vhich ,ai f
            the mxisa po&sile mount of ship nintenance to be perforned
            on a naval vossal in the vessel's he' port, vas esta blished by the
    SChief of IvaYAl Oeweations to mnimize di uption to Navy r o ise
 /'         in an effort to eliminate a significant problem with raapect to
 •          poermnel retsitian. This policy ws itplentod by a treision dated     F
            .A-rfl 9,1 1971 to sotim7w3.4 oQe ii. &\v&1       t a Camad's       t
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