B-126088, DEC. 20, 1955

B-126088: Dec 20, 1955

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LTD.: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 28. THE CARS WERE TO BE DELIVERED UNASSEMBLED. YOU WERE INFORMED THAT THE RECIPIENT COUNTRY (KOREA) HAD REQUESTED. " AND YOU WERE ADVISED THAT "PROMPT SUBMISSION OF QUOTATION WILL BE GREATLY APPRECIATED.'. YOU WERE REQUESTED TO FURNISH INFORMATION AS TO MANFACTURER. IT WILL BE APPRECIATED IF ADDITIONAL INFORMATION IS FURNISHED AS FOLLOWS: " YOUR CLAIM IS ASSERTED ON THE BASIS THAT THE QUOTATION OF THE RECIPIENT COUNTRY'S REQUEST THAT THE TOOLS BE FORWARDED WITH THE FIRST SHIPMENT OF RAILWAY CARS. IT IS CONTENDED. IT IS AXIOMATIC THAT NO BIDDER ACQUIRES AN ABSOLUTE RIGHT TO AN AWARD OF PUBLIC BUSINESS. RATHER THE PUBLIC INTEREST IS FIRST FOR CONSIDERATION IN MAKING AN AWARD.

B-126088, DEC. 20, 1955

TO THE GREGG COMPANY, LTD.:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 28, 1955, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 25, 1955, WHICH DISALLOWED YOUR CLAIM FOR $2,000 AS REIMBURSEMENT FOR "PROFESSIONAL SERVICES RENDERED AT THE BEHEST AND INSISTENCE OF THE G.S.A.'

THE RECORD SHOWS THAT UNDER CONTRACT NO. GS-03P-2539 DATED MARCH 1, 1954, YOU AGREED TO MANUFACTURE AND DELIVER, F.O.B. SHIPPING POINT, 100 RAILWAY BOX AND GONDOLA CARS. THE CARS WERE TO BE DELIVERED UNASSEMBLED. LETTER OF APRIL 12, 1954, YOU WERE INFORMED THAT THE RECIPIENT COUNTRY (KOREA) HAD REQUESTED, WITH DELIVERY OF THE FIRST SHIPMENT,"COMPLETE HAND TOOLS AS RECOMMENDED BY MANUFACTURER NECESSARY FOR CAR ERECTION," AND YOU WERE ADVISED THAT "PROMPT SUBMISSION OF QUOTATION WILL BE GREATLY APPRECIATED.' BY LETTER OF SEPTEMBER 29, 1954, AFTER RECEIPT OF YOUR LETTER LISTING NECESSARY TOOLS AND QUOTING PRICES THEREFOR, YOU WERE REQUESTED TO FURNISH INFORMATION AS TO MANFACTURER, MAKE, MODEL, SIZES, ETC., IN THE FOLLOWING LANGUAGE:

"WITH REGARD TO THE ERECTION TOOLS AS SPECIFIED IN YOUR LETTER OF SEPTEMBER 14, 1954 (YOUR REFERENCE N-6090/91), IT WILL BE APPRECIATED IF ADDITIONAL INFORMATION IS FURNISHED AS FOLLOWS: "

YOUR CLAIM IS ASSERTED ON THE BASIS THAT THE QUOTATION OF THE RECIPIENT COUNTRY'S REQUEST THAT THE TOOLS BE FORWARDED WITH THE FIRST SHIPMENT OF RAILWAY CARS, CONTAINED IN THE LETTER REQUESTING YOU TO FURNISH A QUOTATION FOR THE TOOLS, CARRIED AN IMPLICATION THAT THE NECESSARY TOOLS WOULD BE PURCHASED FROM YOU. IT IS CONTENDED, IN EFFECT, THAT UNDER THESE CIRCUMSTANCES THE PROCURING OF THE TOOLS FROM OTHER SOURCES RENDERED THE GOVERNMENT LIABLE TO YOU FOR PROFESSIONAL SERVICES REQUIRED TO ASCERTAIN THE NECESSARY TOOLS. AS INDICATED ABOVE, HOWEVER, THE RECORD DOES NOT SUPPORT YOUR CONCLUSION IN THAT REGARD. THE REQUEST FOR A QUOTATION ON NECESSARY TOOLS AND THE SUBSEQUENT REQUEST FOR DETAILS AS TO MANUFACTURER, MAKE, MODEL, ETC., OF THE TOOLS YOU PROPOSED TO FURNISH MAY NOT BE REGARDED AS OTHER THAN A REQUEST FOR A BID ON THE NECESSARY TOOLS.

IT IS AXIOMATIC THAT NO BIDDER ACQUIRES AN ABSOLUTE RIGHT TO AN AWARD OF PUBLIC BUSINESS. RATHER THE PUBLIC INTEREST IS FIRST FOR CONSIDERATION IN MAKING AN AWARD. SEE 26 COMP. GEN. 49. IN THIS CONNECTION THE ADMINISTRATIVE OFFICE HAS REPORTED THAT IT WAS ABLE TO AND DID SECURE THE NECESSARY TOOLS FOR APPROXIMATELY ONE-HALF THE AMOUNT QUOTED BY YOU. ALSO, IT HAS BEEN HELD CONSISTENTLY THAT A REQUEST FOR BIDS DOES NOT IMPOSE ANY OBLIGATION ON THE GOVERNMENT TO ACCEPT ANY BID RECEIVED IN RESPONSE TO THE REQUEST. SEE 17 COMP. GEN. 554 AND THE AUTHORITIES CITED THERE. THE NEGOTIATIONS BETWEEN YOU AND REPRESENTATIVES OF GENERAL SERVICES ADMINISTRATION AND YOUR SUBMISSION OF A QUOTATION AND INFORMATION REGARDING THE TOOLS REQUIRED WERE VOLUNTARY ACTS ON YOUR PART AND SINCE YOUR PROPOSAL WAS NEVER ACCEPTED NO CONTRACTUAL RELATIONS AROSE WITH RESPECT THERETO. SEE O-BRIEN V. CARNEY, 6 F.SUPP. 761. IT MIGHT BE ADDED THAT THE FACTS REPORTED BY THE ADMINISTRATIVE OFFICE DO NOT INDICATE THAT THERE EXISTED AN IMPLIED CONTRACT TO PAY FOR THE ALLEGED PROFESSIONAL SERVICES FURNISHED BY YOU AND CONSEQUENTLY IT WAS RECOMMENDED THAT YOUR CLAIM BE DENIED.