B-135553, MAY 5, 1958

B-135553: May 5, 1958

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TO THE EVEREADY SUPPLY COMPANY: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 12. BECAUSE ALLEGEDLY YOU WERE NOT FURNISHED WITH AN INVITATION TO BID. WE HAVE RECEIVED A REPORT FROM THE DEPARTMENT OF THE ARMY AS FOLLOWS: "THESE BARGES WERE INITIALLY OFFERED FOR SALE BY THE PROPERTY DISPOSAL OFFICER. ALL OFFERS RECEIVED AS A RESULT OF THIS INVITATION TO BID WERE REJECTED DUE TO THE WITHDRAWAL OF THE BARGES FROM THE DISPOSAL OFFICER FOR USE ON AN ARMY PROJECT. THE REQUIREMENT FOR THE BARGES DID NOT MATERIALIZE AND THEY WERE RETURNED TO THE PROPERTY DISPOSAL OFFICER FOR SALE. "THIS PROPERTY WAS REOFFERED FOR SALE ON INVITATION TO BID NUMBER S96-519 -S-58-28 WITH AN OPENING DATE OF 24 FEBRUARY 1958.

B-135553, MAY 5, 1958

TO THE EVEREADY SUPPLY COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 12, 1958, PROTESTING THE AWARD OF A SALES CONTRACT FOR TWO BARGES TO SOMEONE ELSE, BECAUSE ALLEGEDLY YOU WERE NOT FURNISHED WITH AN INVITATION TO BID.

WE HAVE RECEIVED A REPORT FROM THE DEPARTMENT OF THE ARMY AS FOLLOWS:

"THESE BARGES WERE INITIALLY OFFERED FOR SALE BY THE PROPERTY DISPOSAL OFFICER, FORT CLAYTON, CANAL ZONE, ON INVITATION TO BID NUMBER S96-519-S- 58-24, DATED 25 NOVEMBER 1957. ALL OFFERS RECEIVED AS A RESULT OF THIS INVITATION TO BID WERE REJECTED DUE TO THE WITHDRAWAL OF THE BARGES FROM THE DISPOSAL OFFICER FOR USE ON AN ARMY PROJECT. THE REQUIREMENT FOR THE BARGES DID NOT MATERIALIZE AND THEY WERE RETURNED TO THE PROPERTY DISPOSAL OFFICER FOR SALE.

"THIS PROPERTY WAS REOFFERED FOR SALE ON INVITATION TO BID NUMBER S96-519 -S-58-28 WITH AN OPENING DATE OF 24 FEBRUARY 1958. COPIES OF THE INVITATION TO BID WERE DISTRIBUTED TO 274 PROSPECTIVE BIDDERS INCLUDING THE EVEREADY SUPPLY COMPANY. HOWEVER, DISTRIBUTION WAS NOT MADE TO MR. R. C. WORSLEY, EVEREADY SUPPLY COMPANY'S PANAMA REPRESENTATIVE. ACCORDANCE WITH ARMY PROCEDURE BIDDERS ARE NOTIFIED THAT FAILURE TO RESPOND TO THREE SUCCESSIVE BIDS WILL CAUSE THEM TO BE DROPPED FROM THE BIDDERS' LIST UNLESS THE PROPERTY DISPOSAL OFFICER IS ADVISED OF THEIR DESIRE TO CONTINUE TO RECEIVE INVITATIONS FOR BID. MR. WORSLEY HAD NOT RESPONDED TO THREE PREVIOUS INVITATIONS TO BID ISSUED BY THE DISPOSAL OFFICER AT FORT CLAYTON. ACCORDINGLY, HIS NAME WAS REMOVED FROM THE BIDDERS' LIST. THE EVEREADY SUPPLY COMPANY'S FAILURE TO RECEIVE THE BID FORMS CAN BE ATTRIBUTED ONLY TO LOSS IN THE MAILS OR HANDLING AT SOME POINT.

"AS A RESULT OF INVITATION TO BID NUMBER S96-519-S-58-28, TWO RESPONSES WERE RECEIVED. MARACAIBO TOWING COMPANY OF MARACAIBO, VENEZUELA WAS THE SUCCESSFUL BIDDER AND AWARD WAS MADE ON 10 MARCH 1958. PAYMENT IN FULL HAS BEEN RECEIVED AND TITLE TRANSFERRED TO MARACAIBO TOWING COMPANY.'

WHEN THERE DOES NOT APPEAR TO BE ANY INTENT OR PURPOSE ON THE PART OF THE ADMINISTRATIVE OFFICIALS TO PRECLUDE A PROSPECTIVE BIDDER FROM BIDDING, FAILURE TO FURNISH HIM WITH AN INVITATION TO BID IS NOT A SUFFICIENT REASON FOR OUR OFFICE TO OBJECT TO THE AWARD OF A CONTRACT TO A RESPONSIVE BIDDER. 34 COMP. GEN. 684.

ACCORDINGLY, WE FIND NO PROPER LEGAL BASIS FOR OBJECTING TO THE AWARD AS MADE IN THIS CASE.