B-132124, MAR. 19, 1958

B-132124: Mar 19, 1958

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TO THE SECRETARY OF THE ARMY: THERE IS ENCLOSED HEREWITH A COPY OF OUR LETTER OF TODAY TO GARDNER. WAS NOT IN STRICT COMPLIANCE WITH THE ADVERTISED SPECIFICATIONS. THIS MATTER WAS THE SUBJECT OF REPORTS DATED JULY 5 AND SEPTEMBER 11. THERE IS RETURNED HEREWITH THE FIFTH AND FINAL PAYMENT VOUCHER UNDER THE CONTRACT IN THE AMOUNT OF $10. IT IS SUGGESTED THAT THE MATTER OF THIS FIRM'S ELIGIBILITY FOR FUTURE AWARD OF PRINTING CONTRACTS BE CONSIDERED FOR POSSIBLE REFERRAL TO THE SECRETARY OF LABOR WHO HAS FINAL JURISDICTION IN ADMINISTRATION OF THE WALSH-HEALEY ACT.

B-132124, MAR. 19, 1958

TO THE SECRETARY OF THE ARMY:

THERE IS ENCLOSED HEREWITH A COPY OF OUR LETTER OF TODAY TO GARDNER, MORRISON AND ROGERS, ATTORNEYS FOR MCGREGOR AND WERNER, INCORPORATED, WITH RESPECT TO ITS PROTEST THAT PERFORMANCE UNDER CONTRACT NO. DA-49 083-OSA- 1108, DATED JANUARY 31, 1957, WAS NOT IN STRICT COMPLIANCE WITH THE ADVERTISED SPECIFICATIONS. THIS MATTER WAS THE SUBJECT OF REPORTS DATED JULY 5 AND SEPTEMBER 11, 1957, FROM YOUR ADMINISTRATIVE ASSISTANT SECRETARY, HIS REFERENCE SAOAA, AND REPORT DATED JULY 26, 1957, FROM THE DIRECTOR, DEFENSE SUPPLY SERVICE, HIS REFERENCE BC/ND/52007.

ALSO, THERE IS RETURNED HEREWITH THE FIFTH AND FINAL PAYMENT VOUCHER UNDER THE CONTRACT IN THE AMOUNT OF $10,650.41, AS ADJUSTED TO REFLECT CREDIT FOR DELIVERY OF NON-SPECIFICATION SUPPLIES, WHICH MAY BE PROCESSED FOR PAYMENT IN THE ADJUSTED AMOUNT IF OTHERWISE CORRECT.

IN THE COURSE OF OUR INVESTIGATION OF THIS PROCUREMENT, A QUESTION AROSE AS TO THE ELIGIBILITY OF THE MCGREGOR CARBON FORMS COMPANY TO RECEIVE AWARD AS A "REGULAR DEALER" OR "MANUFACTURER" WITHIN THE MEANING OF THE WALSH-HEALEY ACT, 41 U.S.C. 35-45, AND THE ADMINISTRATIVE REGULATIONS PROMULGATED THEREUNDER. AS A RESULT OF INFORMAL DISCUSSIONS WITH REPRESENTATIVES OF THE DEPARTMENT OF LABOR, IT IS SUGGESTED THAT THE MATTER OF THIS FIRM'S ELIGIBILITY FOR FUTURE AWARD OF PRINTING CONTRACTS BE CONSIDERED FOR POSSIBLE REFERRAL TO THE SECRETARY OF LABOR WHO HAS FINAL JURISDICTION IN ADMINISTRATION OF THE WALSH-HEALEY ACT.