B-118098, JAN. 27, 1956

B-118098: Jan 27, 1956

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INC.: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 14. IT IS NOTED THE U.S. WAS SUCH AS WOULD REQUIRE A LIGHTING INTENSITY OF 45 FOOT CANDLES ALL THROUGHOUT THE WEAVING STRUCTURE AT THAT SITE. THAT SUCH MATTERS AS THE SUFFICIENCY OR ADEQUACY OF A PRODUCT OFFERED BY A BIDDER ARE STRICTLY FACTUAL IN CHARACTER AND. THE TEHRAN PROCUREMENT OFFICIALS HAVING MADE AN AFFIRMATIVE DETERMINATION THAT THE PRODUCT OF THE INTERNATIONAL GENERAL ELECTRIC COMPANY WAS MORE SUITABLE FOR THE PURPOSES TO BE SERVED THAN WAS YOURS.

B-118098, JAN. 27, 1956

TO MANHATTAN LIGHTING EQUIPMENT COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 14, 1956, AND TO YOUR OTHER CORRESPONDENCE WHEREIN YOU PROTEST THE AWARD OF A LIGHTING EQUIPMENT CONTRACT MADE ON NOVEMBER 2, 1953, BY THE U.S. OPERATIONS MISSION TO IRAN, IN FAVOR OF THE INTERNATIONAL GENERAL ELECTRIC COMPANY, NEW YORK CITY.

WITH RESPECT THERETO, IT IS NOTED THE U.S. FOREIGN SERVICE OFFICE AT IRAN HAS REPORTED NOT ONLY THAT YOUR BID DID NOT COVER ALL OF THE ITEMS REQUIRED, BUT THAT THE LIGHTING EQUIPMENT PROCURED FOR INSTALLATION AT THE TCHITSAZI TEXTILE MILLS PROJECT, TEHRAN, WAS SUCH AS WOULD REQUIRE A LIGHTING INTENSITY OF 45 FOOT CANDLES ALL THROUGHOUT THE WEAVING STRUCTURE AT THAT SITE, AND THAT THE QUANTITY OF LUMINARIES YOU HAD PROPOSED TO FURNISH WOULD NOT BE ADEQUATE FOR THEIR PURPOSES. YOU CAN APPRECIATE, OF COURSE, THAT SUCH MATTERS AS THE SUFFICIENCY OR ADEQUACY OF A PRODUCT OFFERED BY A BIDDER ARE STRICTLY FACTUAL IN CHARACTER AND, IN THE ULTIMATE ANALYSIS, MUST BE RESOLVED BY THE GOVERNMENTAL PROCUREMENT ACTIVITY DIRECTLY CONCERNED. SEE ROYAL SUNDRIES CORPORATION V. UNITED STATES, 111 F.SUPP. 136.

THE TEHRAN PROCUREMENT OFFICIALS HAVING MADE AN AFFIRMATIVE DETERMINATION THAT THE PRODUCT OF THE INTERNATIONAL GENERAL ELECTRIC COMPANY WAS MORE SUITABLE FOR THE PURPOSES TO BE SERVED THAN WAS YOURS, WE WOULD NOT BE JUSTIFIED IN DISTURBING THE AWARD AS MADE IN THIS INSTANCE.