B-145362, NOV. 28, 1961
Highlights
ESQUIRE: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27. WAS REJECTED. IT APPEARS TO BE YOUR CONTENTION THAT SINCE THE DEPARTMENT OF THE AIR FORCE NOW RECOGNIZES THAT THE PROCUREMENT SHOULD HAVE BEEN READVERTISED. YOUR CLIENT IS ENTITLED TO REIMBURSEMENT FOR "SUBSTANTIAL SUMS OF MONEY IN CONNECTION WITH NOT ONLY PREBIDDING ACTIVITIES BUT IN CONNECTION WITH PROSECUTING THIS MATTER SUBSEQUENT TO AWARD E.'. NO AUTHORITY IS CITED IN SUPPORT OF THE CONTENTIONS MADE BY YOU. WE ARE NOT AWARE OF ANY LEGAL OR STATUTORY LIABILITY IMPOSED UPON THE UNITED STATES TO REIMBURSE GREER HYDRAULICS. IT HAS BEEN HELD REPEATEDLY BY THE COURTS AND BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT STATUTES REQUIRING ADVERTISING FOR GOVERNMENT SUPPLIES ARE SOLELY FOR THE BENEFIT OF THE GOVERNMENT AND DO NOT CONFER ANY ENFORCEABLE OR LITIGABLE RIGHTS ON PROSPECTIVE BIDDERS REGARDLESS OF THE QUESTION WHETHER THE NEEDS OF THE USING AGENCY ARE TO BE PROCURED BY ADVERTISEMENT OR BY NEGOTIATION.
B-145362, NOV. 28, 1961
TO DAVID FROMSON, ESQUIRE:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27, 1961, REQUESTING RECONSIDERATION OF OUR DECISION OF OCTOBER 25, 1961, WHEREIN THE PROTEST YOU FILED ON BEHALF OF YOUR CLIENT, GREER HYDRAULICS, INCORPORATED, WAS REJECTED. IT APPEARS TO BE YOUR CONTENTION THAT SINCE THE DEPARTMENT OF THE AIR FORCE NOW RECOGNIZES THAT THE PROCUREMENT SHOULD HAVE BEEN READVERTISED, YOUR CLIENT IS ENTITLED TO REIMBURSEMENT FOR "SUBSTANTIAL SUMS OF MONEY IN CONNECTION WITH NOT ONLY PREBIDDING ACTIVITIES BUT IN CONNECTION WITH PROSECUTING THIS MATTER SUBSEQUENT TO AWARD E.'
NO AUTHORITY IS CITED IN SUPPORT OF THE CONTENTIONS MADE BY YOU, AND WE ARE NOT AWARE OF ANY LEGAL OR STATUTORY LIABILITY IMPOSED UPON THE UNITED STATES TO REIMBURSE GREER HYDRAULICS, INCORPORATED, FOR ANY EXPENDITURES MADE BY THE COMPANY UNDER THE CIRCUMSTANCES INVOLVED IN THIS PROCUREMENT. IT HAS BEEN HELD REPEATEDLY BY THE COURTS AND BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT STATUTES REQUIRING ADVERTISING FOR GOVERNMENT SUPPLIES ARE SOLELY FOR THE BENEFIT OF THE GOVERNMENT AND DO NOT CONFER ANY ENFORCEABLE OR LITIGABLE RIGHTS ON PROSPECTIVE BIDDERS REGARDLESS OF THE QUESTION WHETHER THE NEEDS OF THE USING AGENCY ARE TO BE PROCURED BY ADVERTISEMENT OR BY NEGOTIATION.
YOUR REQUEST FOR FURTHER CONSIDERATION PRESENTS NO NEW OR MATERIAL EVIDENCE NOT HERETOFORE CONSIDERED, AND THEREFORE A REHEARING IN THE MATTER WOULD SERVE NO USEFUL PURPOSE. ACCORDINGLY, ..END :