B-138784, JUL. 16, 1959

B-138784: Jul 16, 1959

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 29. THE SUBSTANCE OF YOUR LETTER OF MAY 29 IS THAT THE CONTRACTOR HAS REQUESTED AN ADDITIONAL AMOUNT OF APPROXIMATELY $11. YOUR LETTER WAS REFERRED TO THE SECRETARY OF THE ARMY FOR A REPORT AS TO THE CORRECTNESS OF YOUR CONTENTIONS. THAT REPORT HAS NOW BEEN RECEIVED AND IS TO THE EFFECT THAT THE CONTRACTING OFFICER HAS STATED CATEGORICALLY THAT HARTWIG HAS NOT REQUESTED ANY ADDITIONAL FUNDS TO COMPLETE THE CONTRACT IN ACCORDANCE WITH THE SPECIFICATIONS AND THAT THERE IS NO EVIDENCE THAT ANY GOVERNMENT OFFICIAL SO ADVISED YOU. IT IS STATED. 000 BUT IT WAS DECIDED NOT TO REQUEST PROCUREMENT OF THIS ADDITIONAL WORK. IT IS REPORTED THAT THE PROCUREMENT WAS PREPARED AND FURNISHED TO THE CONTRACTING OFFICER BY THE ARMY EXHIBIT UNIT AND THAT THE FURTHER EXPLANATION OF THE MINIMUM NEEDS OF THE GOVERNMENT.

B-138784, JUL. 16, 1959

GENERAL EXHIBITS AND DISPLAYS, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1959, WITH REGARD TO THE AWARD OF A CONTRACT TO HARTWIG DISPLAYS, DIVISION OF HARTWIG, INC., UNDER REQUEST FOR QUOTATION NO. QM 44-109-59-NEG-71 ISSUED BY THE PURCHASING DIVISION, CAMERON STATION QUARTERMASTER ACTIVITIES, ALEXANDRIA, VIRGINIA, ON OCTOBER 3, 1958.

IN OUR DECISION OF MAY 22, 1959, WE HELD THAT WE COULD FIND NO PROPER BASIS FOR DIRECTING THE CANCELLATION OF THE AWARD MADE TO HARTWIG DISPLAYS. THE SUBSTANCE OF YOUR LETTER OF MAY 29 IS THAT THE CONTRACTOR HAS REQUESTED AN ADDITIONAL AMOUNT OF APPROXIMATELY $11,000 TO COMPLETE THE CONTRACT IN ACCORDANCE WITH THE ARMY'S SPECIFICATIONS AND THAT THIS INDICATES THAT THE ,AWARD-WINNING FIRM" QUOTED ON SPECIFICATIONS DIFFERENT FROM THOSE ON WHICH YOU HAD SUBMITTED YOUR BID.

YOUR LETTER WAS REFERRED TO THE SECRETARY OF THE ARMY FOR A REPORT AS TO THE CORRECTNESS OF YOUR CONTENTIONS. THAT REPORT HAS NOW BEEN RECEIVED AND IS TO THE EFFECT THAT THE CONTRACTING OFFICER HAS STATED CATEGORICALLY THAT HARTWIG HAS NOT REQUESTED ANY ADDITIONAL FUNDS TO COMPLETE THE CONTRACT IN ACCORDANCE WITH THE SPECIFICATIONS AND THAT THERE IS NO EVIDENCE THAT ANY GOVERNMENT OFFICIAL SO ADVISED YOU. IT IS STATED, HOWEVER, THAT TECHNICAL PERSONNEL OF THE ARMY ORDNANCE CORPS DID DISCUSS WITH THE CONTRACTOR THE MATTER OF CERTAIN ADDITIONAL WORK FOR WHICH HE GAVE AN INFORMAL ESTIMATE OF $11,000 BUT IT WAS DECIDED NOT TO REQUEST PROCUREMENT OF THIS ADDITIONAL WORK.

WITH REGARD TO YOUR CONTENTION THAT THE CONTRACTOR QUOTED ON SPECIFICATIONS DIFFERENT FROM THOSE YOU USED AS A BASIS OF YOUR QUOTATION, IT IS REPORTED THAT THE PROCUREMENT WAS PREPARED AND FURNISHED TO THE CONTRACTING OFFICER BY THE ARMY EXHIBIT UNIT AND THAT THE FURTHER EXPLANATION OF THE MINIMUM NEEDS OF THE GOVERNMENT, AS STATED IN THE CONTRACTING OFFICER'S LETTER OF DECEMBER 18, 1958, AND SENT TO ALL INTERESTED CONCERNS, WAS APPROVED BY THE ARMY EXHIBIT UNIT. IT IS REPORTED FURTHER THAT PERSONNEL OF THE ARMY EXHIBIT UNIT HAVE STATED THAT ANY TECHNICAL INFORMATION FURNISHED BY THEM TO YOU, AS WELL AS THAT FURNISHED TO ANY OTHER INTERESTED FIRM, WAS IN ACCORD WITH THE SPECIFICATION AND EXPLANATIONS USED BY THE CONTRACTING OFFICER. IN THE ABSENCE OF CONVINCING EVIDENCE TO THE CONTRARY, WE MUST ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICE ON THIS MATTER.

ACCORDINGLY, OUR OFFICE CANNOT FIND ANY BASIS FOR HOLDING THAT THE AWARD OF THE CONTRACT WAS IMPROPER.