B-151589, JUN. 14, 1963
Highlights
YOU REFERRED TO TWO INVITATIONS ISSUED BY THE GENERAL SERVICES ADMINISTRATION FOR THE ALTERATION AND REPAIR OF GOVERNMENT BUILDINGS WHEREIN ALL BIDS WERE REJECTED AND READVERTISEMENT CONTEMPLATED OR ACCOMPLISHED. YOU CONTEND THAT THE REASONS ADVANCED FOR REJECTION OF BIDS ARE SPURIOUS AND. IT FURTHER ALLEGED THAT SUCH ACTIONS WERE DICTATED BY ORGANIZED LABOR AND THAT YOUR CLIENT. WHO WAS AFFECTED BY THESE ACTIONS IS NOW THREATENED WITH DEBARMENT. CONTRACTING OFFICERS MAY REJECT ALL BIDS AND CANCEL AN INVITATION WHEN THE BEST INTERESTS OF THE GOVERNMENT WILL BE SERVED THEREBY. IT SHOULD BE NOTED THAT THE AUTHORITY OF THE CONTRACTING OFFICERS TO TAKE SUCH ACTIONS IS EXTREMELY BROAD. OUR OFFICE DOES NOT QUESTION THE EXERCISE OF SUCH AUTHORITY IN THE ABSENCE OF EVIDENCE CONVINCINGLY ESTABLISHING THAT THE ACTIONS WERE TAKEN ARBITRARILY OR CAPRICIOUSLY.
B-151589, JUN. 14, 1963
TO THEORDORE J. RICHTER AND ASSOCIATES:
BY LETTER DATED MAY 15, 1963, WITH ENCLOSURES, YOU REFERRED TO TWO INVITATIONS ISSUED BY THE GENERAL SERVICES ADMINISTRATION FOR THE ALTERATION AND REPAIR OF GOVERNMENT BUILDINGS WHEREIN ALL BIDS WERE REJECTED AND READVERTISEMENT CONTEMPLATED OR ACCOMPLISHED. YOU CONTEND THAT THE REASONS ADVANCED FOR REJECTION OF BIDS ARE SPURIOUS AND, IN VIEW THEREOF, YOU REQUEST THAT OUR OFFICE INVESTIGATE THE MATTER. IT FURTHER ALLEGED THAT SUCH ACTIONS WERE DICTATED BY ORGANIZED LABOR AND THAT YOUR CLIENT, JACK PICOULT, WHO WAS AFFECTED BY THESE ACTIONS IS NOW THREATENED WITH DEBARMENT.
UNDER THE PROCUREMENT REGULATIONS CODIFIED IN TITLE 41, CODE OF FEDERAL REGULATIONS, CONTRACTING OFFICERS MAY REJECT ALL BIDS AND CANCEL AN INVITATION WHEN THE BEST INTERESTS OF THE GOVERNMENT WILL BE SERVED THEREBY. SEE SECTION 1-2.404, FEDERAL PROCUREMENT REGULATIONS, 41 CFR 1- 2.404. IT SHOULD BE NOTED THAT THE AUTHORITY OF THE CONTRACTING OFFICERS TO TAKE SUCH ACTIONS IS EXTREMELY BROAD, AND OUR OFFICE DOES NOT QUESTION THE EXERCISE OF SUCH AUTHORITY IN THE ABSENCE OF EVIDENCE CONVINCINGLY ESTABLISHING THAT THE ACTIONS WERE TAKEN ARBITRARILY OR CAPRICIOUSLY. SINCE WE NOTE THAT THE GOVERNMENT'S REQUIREMENTS WERE CHANGED AS TO THE TWO PROJECTS IN QUESTION, IT WOULD SEEM THAT THE ACTIONS TAKEN WERE PROPER. WHILE YOU CONTEST THE BONA FIDES OF THE PROCUREMENT AGENCY, IT IS THE ACCEPTED PROCEDURE OF OUR OFFICE TO ACCEPT THE ADMINISTRATIVE STATEMENT UNLESS DISPROVEN BY COMPETENT EVIDENCE.
CONCERNING THE POSSIBLE DEBARMENT OF MR. PICOULT, YOU ARE ADVISED THAT SECTION 1-1.605 (B) (6), FEDERAL PROCUREMENT REGULATIONS, 41 CFR 1-1.605 (B) (6) SETS OUT THE ADMINISTRATIVE PROCEDURES TO BE FOLLOWED PRIOR TO FINAL DEBARMENT OF A FIRM OR INDIVIDUAL.