B-132382, DEC. 11, 1957

B-132382: Dec 11, 1957

Additional Materials:

Contact:

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

 

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

TO JAX- FIXTURE AND SUPPLY COMPANY: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM AND COPY OF LETTER DATED JUNE 29. SHOWS THAT THE AWARD WAS MADE TO TOM HEINZE AND ASSOCIATES. ON THE BASIS OF A DETERMINATION BY THE CONTRACTING OFFICER OF THE FEDERAL SUPPLY SERVICE THAT THE BIDDER WAS A REGULAR DEALER FOR THE ITEM BID ON AS REQUIRED BY THE TERMS OF THE INVITATION PURSUANT TO THE PROVISIONS OF THE WALSH-HEALEY PUBLIC CONTRACTS ACT. IS SOLELY ON THE BASIS THAT TOM HEINZE AND ASSOCIATES. THE DETERMINATION OF THE QUESTION AS TO WHETHER A FIRM IS A REGULAR DEALER WITHIN THE MEANING OF THE PROVISIONS OF THE PUBLIC CONTRACTS ACT RESTS WITH THE DEPARTMENT OF LABOR. WHICH IS CHARGED WITH THE ADMINISTRATION OF THE ACT.

B-132382, DEC. 11, 1957

TO JAX- FIXTURE AND SUPPLY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM AND COPY OF LETTER DATED JUNE 29, 1957, TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, PROTESTING THE AWARD OF THE CONTRACT MADE BY THE NATIONAL BUYING DIVISION, FEDERAL SUPPLY SERVICE, TO TOM HEINZE AND ASSOCIATES, INC., UNDER INVITATION FOR BIDS NO. FN-21-6280-A-4-15-57, FOR FURNISHING GAS HOT PLATES.

THE REPORT FURNISHED IN THE MATTER BY THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, SHOWS THAT THE AWARD WAS MADE TO TOM HEINZE AND ASSOCIATES, INC., AS A RESULT OF HAVING SUBMITTED THE LOWEST RESPONSIVE BID RECEIVED IN RESPONSE TO THE INVITATION, AND ON THE BASIS OF A DETERMINATION BY THE CONTRACTING OFFICER OF THE FEDERAL SUPPLY SERVICE THAT THE BIDDER WAS A REGULAR DEALER FOR THE ITEM BID ON AS REQUIRED BY THE TERMS OF THE INVITATION PURSUANT TO THE PROVISIONS OF THE WALSH-HEALEY PUBLIC CONTRACTS ACT, AS AMENDED, 41 U.S.C. 35-45.

YOUR PROTEST AGAINST THE AWARD BY THE NATIONAL BUYING DIVISION, FEDERAL SUPPLY SERVICE, IS SOLELY ON THE BASIS THAT TOM HEINZE AND ASSOCIATES, INC., DID NOT QUALIFY AS A REGULAR DEALER AS REQUIRED BY THE TERMS OF THE INVITATION FOR BIDS.

THE DETERMINATION OF THE QUESTION AS TO WHETHER A FIRM IS A REGULAR DEALER WITHIN THE MEANING OF THE PROVISIONS OF THE PUBLIC CONTRACTS ACT RESTS WITH THE DEPARTMENT OF LABOR, WHICH IS CHARGED WITH THE ADMINISTRATION OF THE ACT, AND WITH THE CONTRACTING OFFICERS OF THE AGENCIES OF THE GOVERNMENT IN ACCORDANCE WITH THE RULINGS AND REGULATIONS ISSUED BY THE DEPARTMENT OF LABOR.

THE DEPARTMENT OF LABOR, WAGE AND HOURS AND PUBLIC CONTRACTS DIVISION, ON OCTOBER 7, 1957, AFTER A HEARING AT WHICH YOU APPEARED, DETERMINED THAT TOM HEINZE AND ASSOCIATES, INC., DID QUALIFY AS A REGULAR DEALER. ALSO, IN VIEW OF THE QUESTION AS TO WHETHER THE DETERMINATION BY THE DEPARTMENT OF LABOR WAS BASED UPON EVIDENCE DEVELOPED SUBSEQUENT TO THE DATE OF THE AWARD OF THE CONTRACT BY THE FEDERAL SUPPLY SERVICE, THE BOARD OF REVIEW, GENERAL SERVICES ADMINISTRATION, CONSIDERED YOUR APPEAL TO THE ADMINISTRATOR AND REVIEWED THE DECISION OF THE CONTRACTING OFFICER THAT THE SUCCESSFUL BIDDER WAS A REGULAR DEALER AT THE TIME OF THE AWARD OF THE CONTRACT.

THE BOARD OF REVIEW, GENERAL SERVICES ADMINISTRATION, FOUND THAT TOM HEINZE AND ASSOCIATES, C., WAS A REGULAR DEALER FOR THE ITEM BID ON AT THE TIME OF THE AWARD OF THE CONTRACT BY THE FEDERAL SUPPLY SERVICE, AND RECOMMENDED TO THE ADMINISTRATOR THAT YOUR APPEAL BE DENIED. THE FINDINGS AND RECOMMENDATION BY THE BOARD OF REVIEW WERE APPROVED BY THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, ON NOVEMBER 18, 1957, AND YOU WERE ADVISED THAT YOUR APPEAL WAS DENIED.

IN VIEW OF THE DETERMINATIONS MADE BY THE DEPARTMENT OF LABOR AND THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, THERE IS NO BASIS ON WHICH WE COULD QUESTION THE AWARD OF THE CONTRACT.