B-127823, JUN. 20, 1956

B-127823: Jun 20, 1956

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TO WUNDERLICH RADIO CO.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 4. WE HAVE RECEIVED A REPORT FROM THE DEPARTMENT OF THE AIR FORCE INDICATING THAT UPON FURTHER INVESTIGATION OF YOUR CAPACITY TO PERFORM THE PROPOSED CONTRACT WORK IT WAS DISCLOSED: 1. THAT YOU ARE DOING BUSINESS FROM AN APARTMENT HOUSE RESIDENCE AND THE INVESTIGATORS WERE UNABLE TO DISCOVER NECESSARY FACILITIES OR FIRM COMMITMENTS AS TO SOURCES OF SUPPLIES OR PLACES WHERE THE WORK WOULD BE ACCOMPLISHED. 2. THAT THERE WAS AN INDICATED LACK OF PREPAREDNESS FOR THE PROCUREMENT AS EVIDENCED BY YOUR INABILITY TO PRODUCE COST BREAKDOWN DATA OF COMPONENTS OR THE MATERIALS NECESSARY TO PRODUCE THE ITEM. 3. THAT YOU HAD NO WRITTEN AGREEMENT FOR LEASE OF FACILITIES WHEN THE FACILITY CAPABILITY REPORT WAS ACCOMPLISHED.

B-127823, JUN. 20, 1956

TO WUNDERLICH RADIO CO.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 4, 1956, PROTESTING YOUR FAILURE TO RECEIVE AN AWARD OF A CONTRACT AS THE LOW BIDDER ON ITEM 2 OF INVESTIGATION FOR BIDS NO. 33-600-56-46, ISSUED BY HEADQUARTERS, AIR MATERIEL COMMAND, AERONAUTICAL EQUIPMENT DIVISION, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

WE HAVE RECEIVED A REPORT FROM THE DEPARTMENT OF THE AIR FORCE INDICATING THAT UPON FURTHER INVESTIGATION OF YOUR CAPACITY TO PERFORM THE PROPOSED CONTRACT WORK IT WAS DISCLOSED:

1. THAT YOU ARE DOING BUSINESS FROM AN APARTMENT HOUSE RESIDENCE AND THE INVESTIGATORS WERE UNABLE TO DISCOVER NECESSARY FACILITIES OR FIRM COMMITMENTS AS TO SOURCES OF SUPPLIES OR PLACES WHERE THE WORK WOULD BE ACCOMPLISHED.

2. THAT THERE WAS AN INDICATED LACK OF PREPAREDNESS FOR THE PROCUREMENT AS EVIDENCED BY YOUR INABILITY TO PRODUCE COST BREAKDOWN DATA OF COMPONENTS OR THE MATERIALS NECESSARY TO PRODUCE THE ITEM.

3. THAT YOU HAD NO WRITTEN AGREEMENT FOR LEASE OF FACILITIES WHEN THE FACILITY CAPABILITY REPORT WAS ACCOMPLISHED, AND IT WAS NOT UNTIL AFTER THE PREPARATION OF SUCH REPORT THAT YOU INITIATED INQUIRIES TO SUPPLIERS AND SUBCONTRACTORS FOR SUCH FACILITIES.

4. THAT YOU DID NOT APPLY FOR A CERTIFICATE OF COMPETENCY FROM THE SMALL BUSINESS ADMINISTRATION ALTHOUGH YOU WERE ADVISED OF YOUR RIGHT TO APPLY FOR SUCH CERTIFICATION.

5. THAT YOUR COMPANY DID NOT QUALIFY AS A "MANUFACTURER" OR AS A "REGULAR DEALER" UNDER PART II, SECTIONS 25, 26, AND 27 OF THE RULINGS AND INTERPRETATIONS NO. 3 AND AMENDMENTS THERETO OF THE DEPARTMENT OF LABOR APPLYING TO THE WALSH-HEALEY PUBLIC CONTRACTS ACT.

6. THAT, ALTHOUGH YOU PRESENTED A COPY OF A LETTER OF CONFIRMATION FROM YOUR COMPANY OF AN AGREEMENT WITH THE THOMAS C. PROSSAR COMPANY OF ARLINGTON, NEW JERSEY, CORRESPONDENCE FROM THAT COMPANY COULD NOT BE LOCATED AND IT APPEARED THAT NO PRICES HAD BEEN AGREED UPON FOR THE SPACE AND LABOR TO BE PROVIDED.

IN THE CIRCUMSTANCES, AND SINCE THE QUESTION AS TO THE RESPONSIBILITY AND CAPABILITY OF A BIDDER ON A PROPOSED GOVERNMENT CONTRACT IS PRIMARILY A MATTER FOR DETERMINATION BY THE CONTRACTING AGENCY, WE PERCEIVE NO PROPER BASIS FOR TAKING ANY FURTHER ACTION IN CONNECTION WITH THE PROPOSED REJECTION OF YOUR BID UNDER INVITATION NO. 33-600-56-46.