B-132239, SEP. 11, 1957
Highlights
TO EMECO CORPORATION: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE AWARD MADE BY THE FEDERAL SUPPLY SERVICE. HAS REPORTED THAT YOUR BIDS ON SEVERAL ITEMS WERE REJECTED DUE TO THE FACT THAT THE SAMPLES SUBMITTED WITH YOUR BID. WERE NOT IN ACCORDANCE WITH THE REQUIREMENTS OF THE SPECIFICATIONS. YOUR PROTEST AGAINST THE ACTION TAKEN BY THE FEDERAL SUPPLY SERVICE IS BASED PRIMARILY ON THE FACT THAT THE DETERMINATION THAT YOUR CHAIRS DID NOT MEET THE REQUIREMENTS OF THE SPECIFICATIONS WAS ERRONEOUS. CERTAIN CRITICISMS HAVE BEEN MADE CONCERNING THE REQUIREMENTS OF THE SPECIFICATIONS. GENERALLY ARE MATTERS FOR ADMINISTRATIVE CONSIDERATION AND DETERMINATION. THE RECORD DISCLOSES THAT YOU HAVE APPEALED THE ACTIONS OF THE CONTRACTING OFFICER TO THE ADMINISTRATOR.
B-132239, SEP. 11, 1957
TO EMECO CORPORATION:
FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE AWARD MADE BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION, UNDER INVITATION FOR BIDS NO. FNW-IT-78-A-3-18-57, WITH RESPECT TO SEVERAL ITEMS OF ALUMINUM CHAIRS.
THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, HAS REPORTED THAT YOUR BIDS ON SEVERAL ITEMS WERE REJECTED DUE TO THE FACT THAT THE SAMPLES SUBMITTED WITH YOUR BID, AS REQUIRED BY PARAGRAPH 10 OF THE INVITATION, WERE NOT IN ACCORDANCE WITH THE REQUIREMENTS OF THE SPECIFICATIONS.
YOUR PROTEST AGAINST THE ACTION TAKEN BY THE FEDERAL SUPPLY SERVICE IS BASED PRIMARILY ON THE FACT THAT THE DETERMINATION THAT YOUR CHAIRS DID NOT MEET THE REQUIREMENTS OF THE SPECIFICATIONS WAS ERRONEOUS. ALSO, CERTAIN CRITICISMS HAVE BEEN MADE CONCERNING THE REQUIREMENTS OF THE SPECIFICATIONS.
THE QUESTION AS TO WHETHER EQUIPMENT MEETS THE REQUIREMENTS OF SPECIFICATIONS, AND THE PROPRIETY OF SPECIFICATION REQUIREMENTS, GENERALLY ARE MATTERS FOR ADMINISTRATIVE CONSIDERATION AND DETERMINATION. THE RECORD DISCLOSES THAT YOU HAVE APPEALED THE ACTIONS OF THE CONTRACTING OFFICER TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION. IN THE CIRCUMSTANCES, THERE APPEARS TO BE NO ACTION THAT WE WOULD BE JUSTIFIED IN TAKING AT THIS TIME IN THE MATTER.