B-124403, AUG. 19, 1955

B-124403: Aug 19, 1955

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INCORPORATED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 21. IT WAS ADMINISTRATIVELY DETERMINED THAT WESTERN LARCH WAS NOT EQUAL TO WESTERN RED CEDAR OR LODGEPOLE PINE FOR POLES. YOUR BID WAS REJECTED AS NOT BEING IN ACCORDANCE WITH THE ADVERTISED SPECIFICATIONS AND AWARD WAS MADE TO THE NEXT LOWEST BIDDER WHO OFFERED TO FURNISH THE TYPE OF POLES SPECIFIED. THE INVITATION SPECIFICALLY REQUESTED WESTERN RED CEDAR OR LODGEPOLE PINE AND YOUR BID OFFERING TO FURNISH WESTERN LARCH WAS NOT IN ACCORDANCE WITH THE ADVERTISED SPECIFICATIONS. THERE IS NO LEGAL BASIS UPON WHICH WE COULD OBJECT TO THE ADMINISTRATIVE ACTION TAKEN IN THE MATTER.

B-124403, AUG. 19, 1955

TO POLES, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 21, 1955, PROTESTING AGAINST THE AWARD MADE BY THE SEATTLE OFFICE OF THE GENERAL SERVICES ADMINISTRATION UNDER INVITATION FOR BIDS NO. SECD-640.

THE REPORT, TOGETHER WITH PERTINENT PAPERS FURNISHED BY THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, SHOWS THAT THE INVITATION REQUESTED BIDS FOR FURNISHING EIGHTY 40-FOOT POLES, AS FOLLOWS:

"TYPE, SIZE AND QUALITY: POLES FURNISHED HEREUNDER SHALL BE MANUFACTURED FROM WESTERN RED CEDAR (THUJA PLICATA) OR LODGEPOLEPINE (PINUS CONTORTA) CUT FROM LIVE TIMBER. ALL POLES SHALL CONFORM TO THE LATEST AMERICAN STANDARD SPECIFICATIONS FOR WESTERN RED CEDAR POLES (ASA, 0S01-1931) AND AMERICAN STANDARD DIMENSIONS FOR WESTERN RED CEDAR POLES (ASA, 0502-1931) OR LODGEPOLE PINE AS APPROVE BY THE AMERICAN STANDARDS ASSOCIATION, 29 WEST 39TH ST., NEW YORK CITY. THE LENGTH AND CLASS OF POLES SHALL BE AS SPECIFIED IN THE SCHEDULE.'

IN RESPONSE TO THE INVITATION YOU SUBMITTED A BID OFFERING TO FURNISH WESTERN LARCH POLES. IT WAS ADMINISTRATIVELY DETERMINED THAT WESTERN LARCH WAS NOT EQUAL TO WESTERN RED CEDAR OR LODGEPOLE PINE FOR POLES. THEREFORE, YOUR BID WAS REJECTED AS NOT BEING IN ACCORDANCE WITH THE ADVERTISED SPECIFICATIONS AND AWARD WAS MADE TO THE NEXT LOWEST BIDDER WHO OFFERED TO FURNISH THE TYPE OF POLES SPECIFIED.

YOU STATE THAT YOU QUOTED ON WESTERN LARCH POLES IN ACCORDANCE WITH AMERICAN STANDARD SPECIFICATIONS AND IN ACCORDANCE WITH THE INSTANT INVITATION. HOWEVER, THE INVITATION SPECIFICALLY REQUESTED WESTERN RED CEDAR OR LODGEPOLE PINE AND YOUR BID OFFERING TO FURNISH WESTERN LARCH WAS NOT IN ACCORDANCE WITH THE ADVERTISED SPECIFICATIONS.

ACCORDINGLY, THERE IS NO LEGAL BASIS UPON WHICH WE COULD OBJECT TO THE ADMINISTRATIVE ACTION TAKEN IN THE MATTER.