B-133764, APR. 28, 1958

B-133764, APR. 28, 1958

TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13, 1957, TRANSMITTING COPIES OF A REPORT OF THE GENERAL SERVICES ADMINISTRATION BOARD OF REVIEW RELATIVE TO THE APPEAL OF THE MUTUAL-SUNSET LAMP MANUFACTURING COMPANY FROM A DECISION OF THE FEDERAL SUPPLY SERVICE REFUSING TO MAKE AWARDS FOR CERTAIN ITEMS COVERED BY INVITATION FOR BIDS FSC CLASS 6230, FOR THE PERIOD FROM AUGUST 15, 1957, THROUGH AUGUST 14, 1958.

THERE IS ENCLOSED HEREWITH A COPY OF OUR DECISION OF TODAY TO THE PROTESTING BIDDERS.

ONE OF THE PRINCIPAL QUESTIONS THAT WAS RESOLVED BY THE BOARD OF REVIEW INVOLVED THE INTERPRETATION OF THE TERM "SUCCESSFUL BIDDER" AS USED IN NOTE 3 OF THE SCHEDULE IN THE INVITATION. AS WE STATED IN OUR LETTER OF JANUARY 23, 1958, TO YOU, NOTE 3, STANDING ALONE, APPEARS TO BE SUSCEPTIBLE TO THE INTERPRETATION PLACED THEREON BY THE PROTESTING BIDDER. ACCORDINGLY, TO THE END THAT FUTURE SIMILAR MISINTERPRETATIONS ON THE PART OF BIDDERS MAY BE AVOIDED, IT IS SUGGESTED THAT INVITATIONS BE SO WORDED THAT THERE WILL BE NO DOUBT AS TO THE REQUIREMENTS TO BE MET BY BIDDERS PRIOR TO THE OPENING OF BIDS. ALSO, IN VIEW OF THE RESTRICTIVE TENDENCY OF QUALIFIED PRODUCTS LISTING, WE BELIEVE THAT INVITATIONS INVOLVING ARTICLES INCLUDED IN SUCH LISTS SHOULD BE MOST CLEARLY DRAWN TO SET FORTH THE REQUIREMENTS FOR QUALIFICATION AND THAT SUCH INVITATIONS SHOULD WHENEVER POSSIBLE BE ISSUED SUFFICIENTLY IN ADVANCE OF BID OPENING TO ALLOW TIME FOR QUALIFICATION OF PRODUCTS OF ALL INTERESTED BIDDERS.