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B-189725 1 (1978-06-01)

handle is hein.gao/gaobadtrd0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 b S 17 IN REPLY REFER TO: FFICE OF GENERAL COUNSEL The Honorabl Assistant At Department o e Barbara Allen Babcock torney General, Civil Division f Justice B-189725 jUN 1 1979 Dear Ms. Babcock- Subject: Macmillan Oil Co., Inc. v. Harold L. Brown, Sectary of Defense, et. al., Civil Action No. 78-131-1 (S.D. Iowa, - 71978) Enclosed is a copy of the Summons and Complaint served on May 1, 1978, naming the Comptroller General of the United States as a defendant. Plaintiff participated in a competition conducted by the Army Corps of Engineers resulting in the award of a lease permitting the awardee, Mr. , to develop the Saylorville Marina according to his proposed plans. Plaintiff contends that the competition was not conducted properly and that the Army's decision to award the lease to Mr. was arbitrary and capricious. Plaintiff further contends that our decision, Macmillan Oil Company:-reconsideration, B-189725, March 30, 1978, 78-1 CPD 247, which af-firmed our decision dated January 17, 1978, 78-1 CPD 37, in the same matter, was illegal becausez (1) the March 30, 1978, decision dismissed as untimely several of plaintiff's bases of reconsideration; and (2) our Office did not permit plaintiff to examine certain Army personnel under oath. A copy of our January 17, 1978, decision is attached to the complaint as Exhibit B and a copy of the March 30, 1978, decision is enclosed. * Our decisions were based on the written record com- posed of submissions and comments from the plaintiff, Mr. , and the Army. Our Bid Protest Procedures, 4 C.F.R. part 20 (1977), do not provide for examination of witnesses under oath and the plaintiff was aware of this before it elected to protest here; further, a protest here is not an administrative remedy which must be ex- hausted prior to resort to the courts. All relevant and material facts are contained in the decisions. Also, our rationale for the conclusions reached is stated in the decisions.

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