B-164090, JUL. 12, 1968
Highlights
LAPPERRE: REFERENCE IS MADE TO YOUR LETTER DATED JULY 1. THE CONTRACTING OFFICER MADE A DETERMINATION OF NONRESPONSIBILITY ON THE PART OF THAT COMPANY AND IT APPEARS THAT THERE WILL BE A READVERTISEMENT FOR THE REASON STATED IN OUR LETTER OF JUNE 21. YOU STATE THAT YOU ARE UNABLE TO ASCERTAIN FROM OUR LETTER WHETHER A PERMANENT EVALUATION OF THE A.M. TURNER COMPANY WAS BASED UPON A CONCLUSION THAT THE COMPANY DID NOT HAVE A SATISFACTORY RECORD OF PERFORMANCE. SUCH DETERMINATION DOES NOT REPRESENT A PERMANENT EVALUATION OF THAT FIRM'S CAPABILITIES AND IT IS POSSIBLE THAT IF THE COMPANY SUBMITTED THE LOWEST BID UNDER A NEW ADVERTISEMENT COVERING THE SAME PROJECT THE CONTRACTING OFFICER MIGHT CONSIDER THE COMPANY'S RECORD OF PERFORMANCE UNDER CURRENT CONTRACTS WITH THE CORPS OF ENGINEERS SINCE THE DATE OF THE PREVIOUS DETERMINATION OF NONRESPONSIBILITY TO BE SUCH AS TO WARRANT AN AWARD TO YOUR CLIENT UNDER THE NEW ADVERTISEMENT.
B-164090, JUL. 12, 1968
TO MR. EDWARD D. LAPPERRE:
REFERENCE IS MADE TO YOUR LETTER DATED JULY 1, 1968, ACKNOWLEDGING RECEIPT OF OUR LETTER TO YOU OF JUNE 21, 1968, AND ADVISING THAT THE A.M. TURNER COMPANY, MAYWOOD, ILLINOIS, INTENDS TO REBID ON THE PROJECT OF THE CHICAGO DISTRICT, CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, AS ORIGINALLY DESCRIBED IN INVITATION FOR BIDS NO. DACW23-68-B-0007.
THE A.M. TURNER COMPANY SUBMITTED THE LOWEST BID IN RESPONSE TO THE INVITATION FOR BIDS. HOWEVER, THE CONTRACTING OFFICER MADE A DETERMINATION OF NONRESPONSIBILITY ON THE PART OF THAT COMPANY AND IT APPEARS THAT THERE WILL BE A READVERTISEMENT FOR THE REASON STATED IN OUR LETTER OF JUNE 21, 1968. YOU STATE THAT YOU ARE UNABLE TO ASCERTAIN FROM OUR LETTER WHETHER A PERMANENT EVALUATION OF THE A.M. TURNER COMPANY HAS BEEN MADE OR WHETHER THE MATTER CAN BE RECONSIDERED IN THE LIGHT OF NEW CONDITIONS.
THE CONTRACTING OFFICER'S PREVIOUS DETERMINATION OF NONRESPONSIBILITY ON THE PART OF THE A.M. TURNER COMPANY WAS BASED UPON A CONCLUSION THAT THE COMPANY DID NOT HAVE A SATISFACTORY RECORD OF PERFORMANCE. NEVERTHELESS, SUCH DETERMINATION DOES NOT REPRESENT A PERMANENT EVALUATION OF THAT FIRM'S CAPABILITIES AND IT IS POSSIBLE THAT IF THE COMPANY SUBMITTED THE LOWEST BID UNDER A NEW ADVERTISEMENT COVERING THE SAME PROJECT THE CONTRACTING OFFICER MIGHT CONSIDER THE COMPANY'S RECORD OF PERFORMANCE UNDER CURRENT CONTRACTS WITH THE CORPS OF ENGINEERS SINCE THE DATE OF THE PREVIOUS DETERMINATION OF NONRESPONSIBILITY TO BE SUCH AS TO WARRANT AN AWARD TO YOUR CLIENT UNDER THE NEW ADVERTISEMENT.
A COPY OF THIS LETTER IS BEING MAILED TO THE DEPARTMENT OF THE ARMY AS AN INDICATION THAT, IN OUR OPINION, ANY DETERMINATION OF RESPONSIBILITY OR NONRESPONSIBILITY ON THE PART OF YOUR CLIENT IN RELATION TO ITS "REBID" SHOULD BE BASED UPON CURRENT INFORMATION AS WELL AS THE INFORMATION AVAILABLE AT THE TIME OF THE PREVIOUS DETERMINATION OF NONRESPONSIBILITY. SEE SECTION 1-905.2, ARMED SERVICES PROCUREMENT REGULATION, ALTHOUGH THAT SECTION DOES NOT SPECIFICALLY RELATE TO THE QUESTION WHETHER A PROSPECTIVE CONTRACTOR HAS A SATISFACTORY RECORD OF PERFORMANCE.