B-134517, MAR. 31, 1958

B-134517: Mar 31, 1958

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REALTY TRUST: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19. CONTENDING THAT YOU WERE ENTITLED TO RECEIVE THE SECOND AWARD TO BE MADE UNDER INVITATION FOR BIDS NO. SINCE YOU SUBMITTED THE SECOND LOWEST BID FOR STORAGE IN FIRE RESISTIVE BUILDINGS AND THE INVITATION PROVIDED THAT SUCH OFFERS WOULD BE GIVEN PRIORITY IF THE RATES QUOTED WERE COMPETITIVE. WE WERE ADVISED IN A RECENT REPORT RECEIVED FROM THE GENERAL SERVICES ADMINISTRATION THAT THE ESSEX WAREHOUSE AND FINANCE CORPORATION SUBMITTED THE LOWEST BID FOR SPACE IN A FIRE-RESISTIVE BUILDING. THAT A CONTRACT WAS AWARDED TO THAT COMPANY. WHILE CONSIDERATION WAS GIVEN TO THE MAKING OF AN AWARD TO A FIRM WHICH OFFERED NON-FIRE RESISTIVE SPACE.

B-134517, MAR. 31, 1958

TO M. AND M. REALTY TRUST:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19, 1957, CONTENDING THAT YOU WERE ENTITLED TO RECEIVE THE SECOND AWARD TO BE MADE UNDER INVITATION FOR BIDS NO. B/-DMS-19, ISSUED AUGUST 2, 1957, BY THE BOSTON REGIONAL OFFICE OF THE GENERAL SERVICES ADMINISTRATION, SINCE YOU SUBMITTED THE SECOND LOWEST BID FOR STORAGE IN FIRE RESISTIVE BUILDINGS AND THE INVITATION PROVIDED THAT SUCH OFFERS WOULD BE GIVEN PRIORITY IF THE RATES QUOTED WERE COMPETITIVE.

WE WERE ADVISED IN A RECENT REPORT RECEIVED FROM THE GENERAL SERVICES ADMINISTRATION THAT THE ESSEX WAREHOUSE AND FINANCE CORPORATION SUBMITTED THE LOWEST BID FOR SPACE IN A FIRE-RESISTIVE BUILDING; THAT A CONTRACT WAS AWARDED TO THAT COMPANY; AND THAT, WHILE CONSIDERATION WAS GIVEN TO THE MAKING OF AN AWARD TO A FIRM WHICH OFFERED NON-FIRE RESISTIVE SPACE, THE BOSTON REGIONAL OFFICE WAS INSTRUCTED TO MAKE NO FURTHER AWARDS UNDER THE INVITATION. WE WERE ALSO ADVISED THAT THE AGENCY INTENDS, IN THE FUTURE PROCUREMENT OF SPACE IN THIS AND SIMILAR CASES, TO NEGOTIATE CONTRACTS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 302 (C) (11) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, 41 U.S.C. 252 (C) (11).

IN THE CIRCUMSTANCES, NO FURTHER ACTION ON YOUR PROTEST BY OUR OFFICE APPEARS TO BE REQUIRED AND THE MATTER IS CONSIDERED CLOSED.