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B-178314 1 (1973-09-28)

handle is hein.gao/gaobaadgc0001 and id is 1 raw text is: COMPTROLLER GFt4ERAL OF THE UNITEDS TATES WASHINGTON, D.C. 1030 B-376314 September 28, 1973 Hr. Simon Vanutarlee, President lydraulic Services Inc. 1730 San'Pablo Avenue Berkeley, California 94702 Dear Mr. Vanderlee: Reference is nado to your letter of March 19p 1973, and subsequent correspondence, fprotesting.against .thie.anticipated award of an.indofinite quantity contruEN for the repair of Vickors lhydraulic winch equipment to Vickers Aerospace-Ordnance-Harin Division, Sporry Rand Corporation (Viclkerd). As you are aware, the Depart-ent of the Navy subsequently sole-source awarded contract 100104-73-D-FO13 to Vickers on August 6, 1973. Your protest alleges generally that your small business firm of Hydraulic Services Inc. (11SI) laa provided satisfactory service on winch equipment over the past years and that the Navy's contract vith Vickers would not provide the Navy wiith any better aervices end would improperly eli inate competition and foreclose USI from providing ouch services, Additionally, in your correspondence you raise allugat'tsns that Vickers has improperly iliainated valuable parts supply services to JHSI and tiat, in past Navy-Vickera contracts, the Navy has been subjected to numerous delays caused by Vickers' late deliveries and workmanship failures. Regarding these last two allogationss respectively, we see no present means whereby tbie Office may interfere with private con- tractual problem or shoula intervene in a situation properly within the purview of Navy contract adniniotration. The record submitted heire by the Department of the Navy shows that this procurement was negotiated pursuant to 10 U.S.C. 2304(a)(10) vhich, as iuplenented by paragraph 3-210 of the Armed Services Procurenent Regulation (ASPR), provides that purchases nnd contracts may be negotinted If for property. or servicea for which it ±a impracticable to obtain' cozwetition. As an example of circunstances permitting negotiation pursuant to this authority, ASPR 3-210.2(ix) cites the situation when the procurement involves construction, maintenance, repairs, alterations or inspection, in connection with any one of which the exact nature or amount of the work to be done is not kn6wn. 9P

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