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B-177668 1 (1973-04-24)

handle is hein.gao/gaobaadvl0001 and id is 1 raw text is: 


    . - -r CO.IPTrOLLr13 GENLIAL OF THE UJTEP SrATES
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      D-17668                          April 24, 1973



      Ocean Byntcns The.
      11440 Isaac Rcwta Initrial Square ?rth
      Zeston, Vircihda 22 8'0
          Attention   Pr. Ev, At rcmm
                      t'iaaer, Governr.cnt Qyatea


          We are in receipt ofyoktr letter of Ibrhe 28, 1973, and prior
     correapmdencep protetira th. award of a ccntraot by the flaval UMp
     Systems CcmAd to Ocean ticarob, Inep under request for proposuls
     (gP) w 4X x- -t-O569(q) for airmrft nalnvce, deep recovery, otd
     related ocean engineering aerviccn'.

          You contend that the vard hotM   iav been  rae to your coaony
     because it vua deterained to b capable of perfonmtt the services and
     prcpoted rates which iev lor than thoae offered by Ocean Search. In
     that ocnnectim, you have atated that when bent and final offers were
     alicited price becm the prrimary bait for mktng award of a cctruat.
     In wpport of that pooiticm, um have ntnted:

          'Ieit and final are cntily used %ords of art in the
          GoveninCt ccatrts field c  idch are ma w  used in con-
          nectico vith price. Whenever thin term i quoted It
          indicates that an amat will be made to the lwest bidder.

     Further, you contend that the actual3 easn you vore not selected for the
     avard was because your proposalw as dovntrMded as yo lmd indicated that
     the overhewl rate void! be I27 percent whereas it ha lbeen 162 percent
     in the past and for failing to price a TV camera for a hypothetical Job
     order.

         You are correct that your ccmpa ymv  determined to be capable of
     pcrforming the cantract services. )[owrer, the 'a  win for Award provi-
     sloni n the 17P provided that the pinry consideration in datenmining to
     whm ava1 wld be Mce wuld be vdch caitractor could perform the con-
     tract in a mnner mot Mdvuntajeon to the Govrnmnt. In that rcgjrd,
     ea,h offeror  cantidate3 for the h:ey positions of aeraor Project rxincr,
     ens \jnr\\.  . \:'    --,



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