B-128422, JUL. 27, 1956
Highlights
TO COOPER EQUIPMENT COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 27. YOU REQUESTED AN IMMEDIATE INVESTIGATION FOR THE PURPOSE OF DETERMINING WHETHER THE BIDS WERE REJECTED WITHOUT PROPER JUSTIFICATION AND WHETHER THE CONTRACTING OFFICER'S DECISION SHOULD BE REVERSED AND THE CONTRACT AWARDED TO YOU. IT IS NOW REPORTED BY THE DEPARTMENT OF THE NAVY THAT IT HAS BEEN DETERMINED THAT PATENTED FEATURES OF THE EQUIPMENT SPECIFIED UNDER THE INVITATION. WERE REVEALED SUBSEQUENT TO THE OPENING OF BIDS AND AS A CONSEQUENCE NO AWARD WAS MADE. IT IS STATED FURTHER THAT THE GOVERNMENT'S NEEDS FOR SODA FOUNTAINS COVERED BY THE INVITATION WILL BE READVERTISED UNDER A NON RESTRICTIVE PURCHASE DESCRIPTION TO PERMIT FULL AND FREE COMPETITION WHEN FISCAL YEAR 1957 FUNDS ARE MADE AVAILABLE.
B-128422, JUL. 27, 1956
TO COOPER EQUIPMENT COMPANY:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 27, 1956, PROTESTING THE ACTION OF THE COMMANDANT OF THE UNITED STATES MARINE CORPS IN REJECTING ALL BIDS RECEIVING IN RESPONSE TO INVITATION NO. 379. YOU REQUESTED AN IMMEDIATE INVESTIGATION FOR THE PURPOSE OF DETERMINING WHETHER THE BIDS WERE REJECTED WITHOUT PROPER JUSTIFICATION AND WHETHER THE CONTRACTING OFFICER'S DECISION SHOULD BE REVERSED AND THE CONTRACT AWARDED TO YOU.
IT IS NOW REPORTED BY THE DEPARTMENT OF THE NAVY THAT IT HAS BEEN DETERMINED THAT PATENTED FEATURES OF THE EQUIPMENT SPECIFIED UNDER THE INVITATION, WHICH EXCLUDED ADEQUATE COMPETITION, WERE REVEALED SUBSEQUENT TO THE OPENING OF BIDS AND AS A CONSEQUENCE NO AWARD WAS MADE. IT IS STATED FURTHER THAT THE GOVERNMENT'S NEEDS FOR SODA FOUNTAINS COVERED BY THE INVITATION WILL BE READVERTISED UNDER A NON RESTRICTIVE PURCHASE DESCRIPTION TO PERMIT FULL AND FREE COMPETITION WHEN FISCAL YEAR 1957 FUNDS ARE MADE AVAILABLE.
A REQUEST FOR BIDS OR OFFERS DOES NOT IMPOSE UPON THE GOVERNMENT ANY BINDING OBLIGATION TO ACCEPT ANY OF THE BIDS RECEIVING AND THE GOVERNMENT IS NOT BOUND TO ACCEPT ANY BID WHERE IT DETERMINES THAT THE PUBLIC INTEREST WOULD BE BEST SERVED BY THE REJECTION OF ALL BIDS AND READVERTISEMENT OF THE NEEDS TO BE MET. 17 COMP. GEN. 554. THE DUTY OF MAKING SUCH A DETERMINATION NECESSARILY LIES WITH THE ADMINISTRATIVE OFFICERS OF THE PURCHASING AGENCY, AND IN THE ABSENCE OF CLEAR PROOF OF WRONGFUL ABUSE OF ANY DISCRETIONARY POWERS IN THAT REGARD WE CANNOT UNDERTAKE TO INTERFERE WITH THE ACTION BASED THEREON.
NO SUCH PROOF IS PRESENT IN THIS CASE; CONSEQUENTLY, THERE IS NO LEGAL BASIS ON WHICH THE ACTION TAKEN PROPERLY MAY BE QUESTIONED.