B-134794, FEB. 6, 1958

B-134794: Feb 6, 1958

Additional Materials:

Contact:

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

 

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

IF A BID IS RECEIVED BY THE EXECUTIVE AGENCY FROM AN AUCTIONEER WHOSE NAME IS NOT ON THE LIST. OBVIOUSLY WILL ARISE WHEN AN AWARD IS NOT MADE TO A LOW BIDDER FOR THE SOLE REASON THAT HE WAS NOT QUALIFIED BY THE ADMINISTRATION WITHIN THE TIME AVAILABLE PRIOR TO AWARD OR WHERE AN AWARD IS MADE TO A NONQUALIFIED LOW BIDDER CONTRARY TO THE REGULATIONS. SOME OF THESE PROBLEMS MIGHT BE PRECLUDED IF THE REGULATIONS INCLUDED A FURTHER PROVISION REQUIRING THAT INVITATIONS TO BID FOR SUCH AUCTIONEERING SERVICES REFER TO THIS PROCEDURE IN SUCH A MANNER AS TO CLEARLY PUT PROSPECTIVE BIDDERS ON NOTICE THAT AWARD CANNOT BE MADE TO AUCTIONEERS WHO ARE NOT ON THE GSA LIST OF QUALIFIED AUCTIONEERS. IT IS TO BE UNDERSTOOD THAT THIS CONCURRENCE IN THE ISSUANCE OF THE PROPOSED REGULATION IS WITHOUT PREJUDICE TO ANY RIGHTS OF OUR OFFICE TO TAKE ACTION OR RAISE QUESTIONS WITH RESPECT TO ANY MATTERS WHICH MAY ARISE FROM OR IN CONNECTION WITH THE APPLICATION OR ADMINISTRATION THEREOF.

B-134794, FEB. 6, 1958

TO HONORABLE FRANKLIN G. FLOETE, ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

YOUR LETTER OF DECEMBER 24, 1957, TRANSMITTED FOR OUR REVIEW COPIES OF A PROPOSED NEW GENERAL SERVICES ADMINISTRATION REGULATION 1-IV 104.00 AND REVISED REGULATION 1-IV-302.01C, SETTING FORTH THE CRITERIA AND PROCEDURE FOR THE QUALIFICATION, INACTIVATION, AND DEBARMENT OF AUCTIONEERS USED IN THE SALE OF GOVERNMENT-OWNED PERSONAL PROPERTY.

THE REGULATIONS WOULD REQUIRE THE EXECUTIVE AGENCIES TO AWARD CONTRACTS FOR AUCTIONEERING SERVICES IN THE SALE OF SURPLUS PERSONAL PROPERTY ONLY TO AUCTIONEERS WHOSE NAMES APPEAR ON THE LIST OF AUCTIONEERS QUALIFIED TO SELL GOVERNMENT-OWNED PERSONAL PROPERTY, TO BE PREPARED AND DISTRIBUTED BY THE GENERAL SERVICES ADMINISTRATION. IF A BID IS RECEIVED BY THE EXECUTIVE AGENCY FROM AN AUCTIONEER WHOSE NAME IS NOT ON THE LIST, SECTION 104.04B OF THE REGULATIONS WOULD REQUIRE THE AGENCY TO SUBMIT HIS NAME AND ADDRESS, IDENTIFICATION OF THE PROPOSED SALE, AND THE EXPECTED DATE OF AWARD TO THE ADMINISTRATION. IF HE CAN QUALIFY AND THE ADMINISTRATION SO NOTIFIES THE AGENCY PRIOR TO THE MAKING OF THE AWARD, AWARD OF THE CONTRACT COULD BE MADE TO HIM IF OTHERWISE PROPER.

WE DO NOT QUESTION THE AUTHORITY OR PROPRIETY OF THE ISSUANCE OF THESE REGULATIONS. SOME PROBLEMS, HOWEVER, OBVIOUSLY WILL ARISE WHEN AN AWARD IS NOT MADE TO A LOW BIDDER FOR THE SOLE REASON THAT HE WAS NOT QUALIFIED BY THE ADMINISTRATION WITHIN THE TIME AVAILABLE PRIOR TO AWARD OR WHERE AN AWARD IS MADE TO A NONQUALIFIED LOW BIDDER CONTRARY TO THE REGULATIONS. SOME OF THESE PROBLEMS MIGHT BE PRECLUDED IF THE REGULATIONS INCLUDED A FURTHER PROVISION REQUIRING THAT INVITATIONS TO BID FOR SUCH AUCTIONEERING SERVICES REFER TO THIS PROCEDURE IN SUCH A MANNER AS TO CLEARLY PUT PROSPECTIVE BIDDERS ON NOTICE THAT AWARD CANNOT BE MADE TO AUCTIONEERS WHO ARE NOT ON THE GSA LIST OF QUALIFIED AUCTIONEERS, OR WHO DO NOT QUALIFY PRIOR TO THE DATE OF AWARD, AND TO ADVISE THEM AS TO HOW TO APPLY FOR QUALIFICATION. WE SUGGEST THAT CONSIDERATION BE GIVEN TO THE INCLUSION IN THE REGULATION OF AN APPROPRIATE PROVISION TO THAT EFFECT.

IT IS TO BE UNDERSTOOD THAT THIS CONCURRENCE IN THE ISSUANCE OF THE PROPOSED REGULATION IS WITHOUT PREJUDICE TO ANY RIGHTS OF OUR OFFICE TO TAKE ACTION OR RAISE QUESTIONS WITH RESPECT TO ANY MATTERS WHICH MAY ARISE FROM OR IN CONNECTION WITH THE APPLICATION OR ADMINISTRATION THEREOF.