B-144241, OCT. 19, 1960

B-144241: Oct 19, 1960

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INC.: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12. IT APPEARS THAT WHILE THE CONTRACTING OFFICER WAS FURNISHED. HE WAS NOT PROVIDED WITH ANY INFORMATION SHOWING. SINCE AT THE TIME THE CONTRACTING OFFICER EVALUATED THE PREAWARD SURVEY DATA THERE WAS NO EVIDENCE BEFORE HIM SHOWING THAT YOU REGULARLY DEAL IN BOAT OARS. WE COULD NOT CONCLUDE THAT HIS REJECTION BASED ON THE ONLY OFFICIAL ADVICE APPARENTLY FURNISHED TO HIM WOULD BE TANTAMOUNT TO SUCH BAD FAITH AS WOULD REQUIRE US TO REQUEST THAT THE AWARD THAT WAS MADE SHOULD BE CANCELED.

B-144241, OCT. 19, 1960

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1960, FORWARDING FOR OUR ATTENTION COPIES OF LETTERS EXCHANGED BETWEEN YOU AND REPRESENTATIVES OF THE DEPARTMENT OF THE NAVY CONCERNING REJECTION OF YOUR LOW BID UNDER INVITATION 104-70-61.

ACCORDING TO THE CORRESPONDENCE, IT APPEARS THAT WHILE THE CONTRACTING OFFICER WAS FURNISHED, BY THE INSPECTOR CONDUCTING THE PREAWARD SURVEY, INFORMATION THAT YOU HAD A COMMITMENT FROM A SUPPLIER TO FURNISH THE TWELVE-FOOT OARS CALLED FOR IN THE INVITATION, HE WAS NOT PROVIDED WITH ANY INFORMATION SHOWING, AS REQUIRED BY ASPR 1 201.18, THAT YOU REGULARLY DEAL IN THE PARTICULAR SUPPLIES OR SUPPLIES OF THE GENERAL CHARACTER. THE CONTRACTING OFFICER, APPARENTLY RELYING ON THE ABSENCE OF SUCH EVIDENCE IN THE PREAWARD SURVEY REPORT, CONCLUDED THAT YOU DID NOT MEET THE ,REGULAR DEALER" CRITERIA AND THEREFORE REJECTED YOUR BID.

SINCE AT THE TIME THE CONTRACTING OFFICER EVALUATED THE PREAWARD SURVEY DATA THERE WAS NO EVIDENCE BEFORE HIM SHOWING THAT YOU REGULARLY DEAL IN BOAT OARS, WE COULD NOT CONCLUDE THAT HIS REJECTION BASED ON THE ONLY OFFICIAL ADVICE APPARENTLY FURNISHED TO HIM WOULD BE TANTAMOUNT TO SUCH BAD FAITH AS WOULD REQUIRE US TO REQUEST THAT THE AWARD THAT WAS MADE SHOULD BE CANCELED.