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B-178043 1 (1973-07-27)

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COMPTRGLIER GENERA[. OF THE LNITED STATES
           WASHINGTON, D.C. .M41


% -176043'


July 27, 1973
  .*S


lIrael & Maness
Attorneys at Law
1015 Eighteeuth Street, s1W.
Washington, D.C. 20036


Attentions


Fred Israel, Esquire


Oentlematn:

      fTis is in reply to the February 19, 1973, telegram from
counsel for Rutt Moving and Storoge, Incorporated, and to your
subsequent correspondence, protesting the aiar! of a contract to
anothor firm under invitation for bide DABE I3-73,.B-0019, Issued
by the Department of the Army at Fort Riley, Kansas.

     The solititattos was for local packing and coatainerLzation
services incident to both local and long distance transportation
of personal property belonging to Department of Defense personnel.
Rtt submitted the lot bid con three of the tour separato schedule
sdctions for wh'ch contracts could be awarded.    lowaer, cnother
company objectEa to any award to Rutt because Rutt tid not possesu
operating authority from the Interstate Commerce Conmiasion (ICc).
The coitracting officor originally took the position that ICC
operating authority was not. required for award of tho contract,
but the Department of the Army (Office of the Assistant Secretary
(Installations & Logistics)) deterinned that a contract should be
awarded only tn a source possessing an appropriate ICC permit.
rut's protest followed. No award ha been made foe the itemu on
which utt was the low bidder.

     The invitation did not Contain efther a rpectfic provision
requiring bidders to have ICC operating authority or a iroviaon
requirinf bidders to comply with all Fcderal, State, antoacel

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