B-124174, JUNE 17, 1955, 34 COMP. GEN. 684

B-124174: Jun 17, 1955

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ADVERTISING - SUFFICIENCY OF - FAILURE TO FURNISH PROSPECTIVE BIDDER WITH COPY OF INVITATION THE FAILURE TO FURNISH A PROSPECTIVE BIDDER WITH AN INVITATION TO BID IS NOT A SUFFICIENT REASON TO REQUIRE THE READVERTISEMENT OF A PROCUREMENT WHICH HAD BEEN ADVERTISED IN ACCORDANCE WITH THE PROCEDURES PRESCRIBED PURSUANT TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949. 1955: REFERENCE IS MADE TO YOUR LETTER OF JUNE 1. WAS IN CONFORMITY WITH CUSTOMARY PROCEDURES OF DEVELOPING AND INSURING ADEQUATE COMPETITION. IT APPEARS THAT THREE BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION AND THAT THE CONTRACTING OFFICER RECOMMENDED TO THE DIRECTOR OF THE BUREAU OF MINES THAT THE CONTRACT BE AWARDED TO THE DART TRUCK COMPANY.

B-124174, JUNE 17, 1955, 34 COMP. GEN. 684

ADVERTISING - SUFFICIENCY OF - FAILURE TO FURNISH PROSPECTIVE BIDDER WITH COPY OF INVITATION THE FAILURE TO FURNISH A PROSPECTIVE BIDDER WITH AN INVITATION TO BID IS NOT A SUFFICIENT REASON TO REQUIRE THE READVERTISEMENT OF A PROCUREMENT WHICH HAD BEEN ADVERTISED IN ACCORDANCE WITH THE PROCEDURES PRESCRIBED PURSUANT TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949.

COMPTROLLER GENERAL CAMPBELL TO THE SECRETARY OF THE INTERIOR, JUNE 17, 1955:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 1, 1955, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER THE PROCEDURE FOLLOWED BY THE BUREAU OF MINES IN ADVERTISING FOR THREE HEAVY DUTY TRUCKS AS SHOWN BY INVITATION NO. 131, DATED MARCH 25, 1955, WAS IN CONFORMITY WITH CUSTOMARY PROCEDURES OF DEVELOPING AND INSURING ADEQUATE COMPETITION.

IT APPEARS THAT THREE BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION AND THAT THE CONTRACTING OFFICER RECOMMENDED TO THE DIRECTOR OF THE BUREAU OF MINES THAT THE CONTRACT BE AWARDED TO THE DART TRUCK COMPANY, THE LOWEST BIDDER. BEFORE AN AWARD COULD BE MADE, HOWEVER, A LETTER WAS RECEIVED FROM THE EUCLID DIVISION OF THE GENERAL MOTORS CORPORATION OF CLEVELAND, OHIO, REQUESTING THAT ALL BIDS BE DISREGARDED AND THE PROCUREMENT READVERTISED, SINCE THAT CONCERN HAD NOT RECEIVED AN INVITATION TO BID.

IT IS STATED IN THE LETTER OF JUNE 1, 1955, THAT INVITATIONS FOR BIDS WERE POSTED IN THE POST OFFICE AT DENVER, COLORADO, AND WERE SENT TO THE FIRMS WHOSE NAMES APPEAR ON THE MAILING LIST ESTABLISHED PURSUANT TO GENERAL SERVICES ADMINISTRATION REGULATION NO. 1-II-206. IT IS STATED FURTHER THAT:

THE EUCLID DIVISION OF THE GENERAL MOTORS CORPORATION COMPLAINS THAT ITS OFFICE HAD NOT RECEIVED AN INVITATION FOR BIDS, YET, AMONG THE TWELVE FIRMS MENTIONED ABOVE WAS THE COLORADO BUILDERS SUPPLY COMPANY OF DENVER, COLORADO, WHICH IS THE DENVER AND DISTRICT REPRESENTATIVE OF THE VERY EUCLID DIVISION OF GENERAL MOTORS CORPORATION WHICH IS COMPLAINING. SUBMITTED A LOSING BID ON EUCLID EQUIPMENT. PREVIOUSLY, THE BUREAU OF MINES HAS RECEIVED BIDS AND CONTRACTED FOR EUCLID EQUIPMENT WITH THAT COMPANY. INCIDENTALLY, ANOTHER INVITATION WAS SENT TO THE TRUCK AND COACH DIVISION OF THE GENERAL MOTORS CORPORATION, 660 SOUTH BOULEVARD,EAST PONTIAC, 11, MICHIGAN. NEITHER A REPLY WAS RECEIVED NOR A BID SUBMITTED.

NO APPLICATION FOR PLACEMENT ON THE BIDDERS MAILING LIST HAS BEEN RECEIVED PRIOR TO THIS PROCUREMENT FROM THE CLEVELAND EUCLID DIVISION OF GENERAL MOTORS, BUT THE LETTER OF APRIL 21 WILL BE TREATED BY THE BUREAU OF MINES AS AN APPLICATION AND STANDARD FORM 129 ( GSA REGULATIONS 1-II- 206.3A) WILL BE FURNISHED IT.

SECTION 206.04 OF THE REGULATIONS PROVIDES FOR THE ESTABLISHMENT OF BIDDERS' MAILING LIST AND SECTION 206.05 PROVIDES FOR THE MAINTENANCE OF SUCH LISTS UPON A CURRENT BASIS IN A MANNER WHICH WILL PROMOTE THE DEVELOPMENT OF MAXIMUM COMPETITION COMMENSURATE WITH THE DOLLAR VALUE OF THE PURCHASE TO BE MADE.

IT THUS APPEARS THAT THE PROCUREMENT WAS ADVERTISED IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED PURSUANT TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, 63 STAT. 377. THERE DOES NOT APPEAR TO HAVE BEEN ANY INTENT OR PURPOSE ON THE PART OF THE ADMINISTRATIVE OFFICIALS TO PRECLUDE THE EUCLID DIVISION OF THE GENERAL MOTORS CORPORATION FROM BIDDING. SINCE THERE IS NO REQUIREMENT THAT ALL BIDS BE REJECTED AND THE NEEDS READVERTISED MERELY BECAUSE OF FAILURE TO FURNISH A BIDDER WITH A COPY OF AN INVITATION, WE FIND NO PROPER LEGAL BASIS FOR OBJECTING TO THE ADMINISTRATIVE PROCEDURE FOLLOWED IN THIS CASE.