B-167705, APR. 21, 1970

B-167705, APR. 21, 1970

TO GENERAL SMELTING & REFINING COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 4, 1970, AGAIN REQUESTING RECONSIDERATION OF OUR DECISION B-167705, FEBRUARY 12, 1970, CONCERNING A CONTRACT AWARDED TO YOUR COMPANY UNDER INVITATION NO. 8DPS 69-133 ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA), PROPERTY MANAGEMENT AND DISPOSAL SERVICE, DENVER, COLORADO. WE ARE ALSO IN RECEIPT OF A COPY OF YOUR LETTER TO MR. F. P. SIMINGTON, GSA, DATED APRIL 6, 1970.

AS IN THE CASE OF YOUR FEBRUARY 23, 1970, LETTER, YOUR RECENT LETTER FURNISHES NO FACTUAL INFORMATION OR ADDITIONAL VIEWS TO PROVIDE A BASIS UPON WHICH OUR OFFICE COULD RELIEVE YOUR FIRM FROM ITS LEGAL OBLIGATIONS UNDER THE ABOVE-MENTIONED SALES CONTRACT.

YOUR PRINCIPAL ALLEGATION IS THAT OUR OFFICE HAS REFUSED TO AFFORD CERTAIN EYE-WITNESSES AN OPPORTUNITY TO FURNISH FACTS REGARDING ALLEGED IMPROPRIETY ON THE PART OF GSA EMPLOYEES IN THE HANDLING OF THIS PROCUREMENT AND PURPORTED DEPLETION OF CONTRACT MATERIAL BY A LOCAL SCRAP DEALER. OUR OFFICE IS ALWAYS RECEPTIVE TO ANY DOCUMENTED, PERTINENT AND VERIFIED EVIDENCE OFFERED BY A CLAIMANT IN SUPPORT OF HIS POSITION. HAVE NOT REFUSED, AT ANY POINT IN OUR CONSIDERATION OF THE MATTER, TO AFFORD YOU THE OPPORTUNITY TO SUBMIT EVIDENCE ON YOUR BEHALF. OF COURSE, AS POINTED OUT IN OUR LETTER OF FEBRUARY 12, IN THE ABSENCE OF SUBSTANTIAL EVIDENCE TO THE CONTRARY, WE ACCEPT THE ADMINISTRATIVE VERSION OF THE FACTS WHEN CONFRONTED WITH DISPUTES OF FACT BETWEEN CONTRACTORS AND AGENCY REPRESENTATIVES.

SINCE THE SUPPORTING EVIDENCE TO WHICH YOU REFER HAS NOT BEEN MADE OF RECORD HERE, THE DECISION B-167705, FEBRUARY 12, 1970, MUST BE AND IS AFFIRMED.