B-126569, JUL. 10, 1956
Highlights
INC.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 15. WHICH WERE BASED UPON DETAILED AND CAREFUL CONSIDERATION OF YOUR CONTENTIONS AND OF INFORMATION DERIVED FROM TRADE SOURCES WHICH WE UNDERSTAND TO BE RELIABLE AND AUTHORITATIVE. THE GOVERNMENT IS PROTECTED IN ITS STANDARD FORM CONSTRUCTION CONTRACT WHICH WE UNDERSTAND WILL BE USED. HAVE THE WORK PERFORMED BY ANOTHER CONTRACTOR. ON THE BASIS OF THE INFORMATION NOW OF RECORD THE PREVIOUS ACTION TAKEN ON YOUR COMPLAINT IS AFFIRMED AND THE MATTER WILL BE CONSIDERED CLOSED.
B-126569, JUL. 10, 1956
TO SPRAYON INSULATION AND ACOUSTICS, INC.:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1956, WITH ENCLOSURE, RELATIVE TO YOUR COMPLAINT CONCERNING THE SPECIFICATIONS ADOPTED BY THE DEPARTMENT OF THE AIR FORCE FOR INSULATING 27 STEEL BUILDINGS AT THE MCGUIRE AIR FORCE BASE, TRENTON, NEW JERSEY.
A CAREFUL CONSIDERATION OF YOUR LETTER DISCLOSES THAT IT CONTAINS NO NEW OR MATERIAL EVIDENCE SUFFICIENT TO JUSTIFY OR WARRANT ANY CHANGE IN THE CONCLUSIONS HERETOFORE REACHED IN OUR DECISIONS OF MARCH 30 AND JUNE 13, 1956, WHICH WERE BASED UPON DETAILED AND CAREFUL CONSIDERATION OF YOUR CONTENTIONS AND OF INFORMATION DERIVED FROM TRADE SOURCES WHICH WE UNDERSTAND TO BE RELIABLE AND AUTHORITATIVE.
WITH REFERENCE TO THE CONCLUDING STATEMENT OF YOUR LETTER DENYING THAT BERGER ACOUSTICAL COMPANY, INC., CAN MEET THE SPECIFICATIONS MADE A PART OF ITS CONTRACT, THE GOVERNMENT IS PROTECTED IN ITS STANDARD FORM CONSTRUCTION CONTRACT WHICH WE UNDERSTAND WILL BE USED, BY PROVISIONS UNDER WHICH THE GOVERNMENT MAY TERMINATE THE CONTRACTOR'S RIGHT TO PROCEED, HAVE THE WORK PERFORMED BY ANOTHER CONTRACTOR, AND HOLD THE DEFAULTING CONTRACTOR FOR ANY EXCESS COST WHICH MAY BE INCURRED BY THE GOVERNMENT AS A RESULT OF AN UNEXCUSED DEFAULT.
ACCORDINGLY, ON THE BASIS OF THE INFORMATION NOW OF RECORD THE PREVIOUS ACTION TAKEN ON YOUR COMPLAINT IS AFFIRMED AND THE MATTER WILL BE CONSIDERED CLOSED.