B-140039, SEP. 17, 1959

B-140039: Sep 17, 1959

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F. BUTZ ENGINEERING: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JUNE 26. WE HAVE BEEN ADVISED BY THE POST OFFICE DEPARTMENT THAT ALL BIDS UNDER INVITATION NO. 2486 WERE REJECTED AND THAT A NEW INVITATION INCLUDING REVISED SPECIFICATIONS WILL BE ISSUED IN THE NEAR FUTURE. WE ARE ADVISED FURTHER THAT AWARD WAS MADE UNDER INVITATION NO. 2460 ON JUNE 30. THE ADMINISTRATIVE REPORT IN THE MATTER SHOWS THAT ECSCO'S QUALIFICATIONS HAVE BEEN CAREFULLY CONSIDERED AND IT HAS BEEN DETERMINED BY THE RESPONSIBLE OFFICIAL OF THE POST OFFICE DEPARTMENT THAT THE LOW BIDDER QUALIFIES AS A MANUFACTURER WITHIN THE DEFINITION OF THE TERM INCLUDED IN THE SPECIFICATIONS. IN THE ABSENCE OF ANY SHOWING BY YOU THAT THE LOW BIDDER FAILS IN SOME MATERIAL MANNER TO CONFORM WITH THE REQUIREMENTS OF THE INVITATION THERE IS NO LEGAL BASIS UPON WHICH WE MAY OBJECT TO THE AWARD MADE BY THE POST OFFICE DEPARTMENT.

B-140039, SEP. 17, 1959

TO C. F. BUTZ ENGINEERING:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JUNE 26, 1959, PROTESTING AWARDS TO ANOTHER BIDDER PURSUANT TO INVITATION FOR BIDS NO. 2460 AND 2486, ISSUED BY THE POST OFFICE DEPARTMENT FOR THE FURNISHING AND INSTALLING OF MAIL-FLO SYSTEMS AT PHILADELPHIA AND CHICAGO.

WE HAVE BEEN ADVISED BY THE POST OFFICE DEPARTMENT THAT ALL BIDS UNDER INVITATION NO. 2486 WERE REJECTED AND THAT A NEW INVITATION INCLUDING REVISED SPECIFICATIONS WILL BE ISSUED IN THE NEAR FUTURE.

WE ARE ADVISED FURTHER THAT AWARD WAS MADE UNDER INVITATION NO. 2460 ON JUNE 30, 1959, TO ECSCO AND CONTROL DESIGN AND FABRICATE, INC., AS JOINT VENTURERS. IN YOUR TELEGRAM OF JUNE 26, YOU STATE AS THE BASIS FOR YOUR PROTEST THAT ECSCO DOES NOT MEET THE DEFINITION OF MANUFACTURER SET FORTH IN SECTION 3.1 OF THE SPECIFICATIONS. THE ADMINISTRATIVE REPORT IN THE MATTER SHOWS THAT ECSCO'S QUALIFICATIONS HAVE BEEN CAREFULLY CONSIDERED AND IT HAS BEEN DETERMINED BY THE RESPONSIBLE OFFICIAL OF THE POST OFFICE DEPARTMENT THAT THE LOW BIDDER QUALIFIES AS A MANUFACTURER WITHIN THE DEFINITION OF THE TERM INCLUDED IN THE SPECIFICATIONS. IN VIEW THEREOF, AND IN THE ABSENCE OF ANY SHOWING BY YOU THAT THE LOW BIDDER FAILS IN SOME MATERIAL MANNER TO CONFORM WITH THE REQUIREMENTS OF THE INVITATION THERE IS NO LEGAL BASIS UPON WHICH WE MAY OBJECT TO THE AWARD MADE BY THE POST OFFICE DEPARTMENT. IN THIS CONNECTION THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR DECISION OF B-140040, B-140099, DATED SEPTEMBER 11, 1959, INVOLVING AN ..END :