B-129536, NOV. 19, 1956

B-129536: Nov 19, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO BROWN BOVERI CORPORATION: FURTHER REFERENCE IS MADE TO THE COPY OF YOUR LETTER OF OCTOBER 16. WE ARE NOW IN RECEIPT OF A REPORT FROM THE SECRETARY OF AGRICULTURE WHICH STATES THAT THE INVITATION FOR BIDS REFERRED TO WAS ISSUED AND THE CONTRACT WHICH IS THE SUBJECT OF YOUR PROTEST WAS AWARDED BY THE COLORADO- UTE ELECTRIC ASSOCIATION. IT IS STATED THAT THE ASSOCIATION IS A PRIVATELY OWNED AND MANAGED CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF COLORADO AND THAT ITS ONLY RELATIONSHIP TO THE GOVERNMENT IS THAT IT BORROWED FUNDS FROM THE RURAL ELECTRIFICATION ADMINISTRATION OF THE DEPARTMENT OF AGRICULTURE. FROM THE LOWEST BIDDER MEETING THE ADVERTISED SPECIFICATIONS IS NOT CONTROLLING.

B-129536, NOV. 19, 1956

TO BROWN BOVERI CORPORATION:

FURTHER REFERENCE IS MADE TO THE COPY OF YOUR LETTER OF OCTOBER 16, 1956, TO THE ADMINISTRATOR, RURAL ELECTRIFICATION ADMINISTRATION, DEPARTMENT OF AGRICULTURE, WASHINGTON, D.C., FORWARDED HERE, PROTESTING THE AWARD OF A CONTRACT PURSUANT TO AN INVITATION ISSUED BY THE DEPARTMENT OF AGRICULTURE.

WE ARE NOW IN RECEIPT OF A REPORT FROM THE SECRETARY OF AGRICULTURE WHICH STATES THAT THE INVITATION FOR BIDS REFERRED TO WAS ISSUED AND THE CONTRACT WHICH IS THE SUBJECT OF YOUR PROTEST WAS AWARDED BY THE COLORADO- UTE ELECTRIC ASSOCIATION. IT IS STATED THAT THE ASSOCIATION IS A PRIVATELY OWNED AND MANAGED CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF COLORADO AND THAT ITS ONLY RELATIONSHIP TO THE GOVERNMENT IS THAT IT BORROWED FUNDS FROM THE RURAL ELECTRIFICATION ADMINISTRATION OF THE DEPARTMENT OF AGRICULTURE.

IN VIEW OF THIS REPORT THE USUAL REQUIREMENT OF PURCHASE, AFTER ADVERTISING, FROM THE LOWEST BIDDER MEETING THE ADVERTISED SPECIFICATIONS IS NOT CONTROLLING. THEREFORE, ASIDE FROM WHATEVER MERIT YOUR PROTEST MIGHT HAVE IF THE PROCUREMENT WERE COVERED BY THE ADVERTISING STATUTES APPLICABLE TO GOVERNMENT PURCHASES, THERE APPEARS TO BE NO LEGAL BASIS UPON WHICH WE PROPERLY MAY CONSIDER YOUR PROTEST.