B-124452, AUG. 2, 1955

B-124452: Aug 2, 1955

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TO STEEL CITY OPTICAL COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 24. WE ARE ADVISED BY THE DIRECTOR OF THE BUREAU OF PRISONS THAT ON THE BASIS OF A REPORT FROM FEDERAL DETENTION HEADQUARTERS. IT WAS DETERMINED THAT DARMAR INTERNATIONAL. WAS A FULLY RESPONSIBLE BIDDER. - WAS FORWARDED HERE AND IT APPEARS THAT ALL RELEVANT FACTORS WERE CAREFULLY CONSIDERED IN ARRIVING AT THE DETERMINATION THAT THE LOW BIDDER WAS CAPABLE OF FULFILLING ALL OF THE REQUIREMENTS OF THE INVITATION FOR BIDS. OF PRIMARY SIGNIFICANCE IN THIS MATTER IS THE FACT THAT. UNDER THE SETTLED RULE THAT THE RESPONSIBILITY OF BIDDERS IS A MATTER PRIMARILY FOR DETERMINATION BY THE ADMINISTRATIVE OFFICERS. WHOSE DECISIONS WILL NOT BE DISTURBED EXCEPT FOR CLEAR ABUSE OF ADMINISTRATIVE DISCRETION.

B-124452, AUG. 2, 1955

TO STEEL CITY OPTICAL COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 24, 1955, PROTESTING THE AWARD OF A CONTRACT TO DARMAR INTERNATIONAL, INC., OPTICAL PRODUCTS DIVISION, AS THE LOWEST RESPONSIBLE BIDDER UNDER INVITATION NO. 4191, ISSUED ON MAY 25, 1955, BY THE MEDICAL SECTION, BUREAU OF PRISONS, DEPARTMENT OF JUSTICE, FOR THE FURNISHING OF OPTICAL SUPPLIES AND REPAIRS AS REQUIRED AND ORDERED BY 28 INSTITUTIONS DURING THE PERIOD JULY 1, 1955 THROUGH JUNE 30, 1956.

WE ARE ADVISED BY THE DIRECTOR OF THE BUREAU OF PRISONS THAT ON THE BASIS OF A REPORT FROM FEDERAL DETENTION HEADQUARTERS, NEW YORK, NEW YORK, IT WAS DETERMINED THAT DARMAR INTERNATIONAL, INC., WAS A FULLY RESPONSIBLE BIDDER. A COPY OF THAT REPORT--- WHICH HAD BEEN REQUESTED BY THE PROCURING OFFICE PRIOR TO RECEIPT OF YOUR PROTEST--- WAS FORWARDED HERE AND IT APPEARS THAT ALL RELEVANT FACTORS WERE CAREFULLY CONSIDERED IN ARRIVING AT THE DETERMINATION THAT THE LOW BIDDER WAS CAPABLE OF FULFILLING ALL OF THE REQUIREMENTS OF THE INVITATION FOR BIDS.

OF PRIMARY SIGNIFICANCE IN THIS MATTER IS THE FACT THAT, WHILE THE BIDDER SPECIALIZES IN THE PROCESSING OF ORDERS FOR OPTICAL SUPPLIES AND OSTENSIBLY HAS NO FACILITIES OF ITS OWN FOR THE GRINDING AND SHAPING OF LENSES OR FOR THE FABRICATION OF NECESSARY FRAMES FOR SPECTACLES, IT HAS BEEN SHOWN THAT THE BIDDER HAS SATISFACTORY ARRANGEMENTS WITH AN ADEQUATELY EQUIPPED OPTICAL MANUFACTURING ESTABLISHMENT OPERATING EXCLUSIVELY ON WORK OF THE DARMAR CORPORATION.

IN THE CIRCUMSTANCES, AND UNDER THE SETTLED RULE THAT THE RESPONSIBILITY OF BIDDERS IS A MATTER PRIMARILY FOR DETERMINATION BY THE ADMINISTRATIVE OFFICERS, WHOSE DECISIONS WILL NOT BE DISTURBED EXCEPT FOR CLEAR ABUSE OF ADMINISTRATIVE DISCRETION, WE PERCEIVE NO PROPER GROUND FOR SETTING ASIDE THE AWARD OBJECTED TO BY YOU.