B-145715, JUN. 21, 1961

B-145715, JUN. 21, 1961

TO THE PICKER X-RAY CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF MAY 31, 1961, RELATIVE TO INVITATION FOR BIDS NO. M6-83-61 ISSUED FEBRUARY 17, 1961, BY THE VETERANS ADMINISTRATION SUPPLY DEPOT, SOMERVILLE, NEW JERSEY, FOR FURNISHING FLUOROSCOPIC IMAGE INTENSIFIERS.

THIS MATTER WAS PRESENTED TO OUR OFFICE BY THE VETERANS ADMINISTRATION SUPPLY DEPOT FOR A DECISION AS TO THE ACTION TO BE TAKEN WITH RESPECT TO ERRORS ALLEGED BY NORTH AMERICAN PHILIPS COMPANY, INC., TO HAVE BEEN MADE IN ITS BID SUBMITTED IN RESPONSE TO THE REFERRED-TO INVITATION. IN YOUR LETTER YOU SUGGEST THAT "THE ENTIRE COST PICTURE BE STUDIED" IN CONNECTION WITH THE CLASSIFICATION (AS FOREIGN OR DOMESTIC) OF EQUIPMENT SUCH AS THAT COVERED IN THE INVITATION.

THE MATTER WAS DISPOSED OF BY OUR DECISION OF JUNE 7, 1961, IN WHICH IT WAS HELD THAT THE BID OF NORTH AMERICAN PHILIPS COMPANY, INC., SHOULD NOT BE CONSIDERED FOR AWARD. THE DECISION WAS BASED IN PART ON THE CONCLUSION THAT THE BID PRICE INTENDED BY NORTH AMERICAN PHILIPS COMPANY, INC., WAS NOT CLEARLY ESTABLISHED AND THAT THE ULTIMATE COST TO THE GOVERNMENT WAS NOT DEFINITELY FIXED. IT WAS STATED FURTHER IN THE DECISION: "ALSO, IT IS OUR VIEW THAT NORTH AMERICAN MAY NOT, AFTER THE BIDS ARE OPENED, CHANGE THE CLASSIFICATION OF THE EQUIPMENT OFFERED FROM FOREIGN TO DOMESTIC AND THEREBY BECOME ELIGIBLE FOR AWARD.'

IT IS THUS SEEN THAT THE QUESTION AS TO THE PROPER CLASSIFICATION OF THE EQUIPMENT OFFERED BY NORTH AMERICAN PHILIPS COMPANY, INC., AS FOREIGN OR DOMESTIC WAS NOT CONSIDERED, DECISION OF THAT QUESTION NOT BEING NECESSARY FOR DISPOSITION OF THE CASE. MOREOVER, IT IS NOT PRIMARILY A FUNCTION OF OUR OFFICE TO RESOLVE DISPUTED QUESTIONS OF FACT, SUCH QUESTIONS BEING PRIMARILY THE RESPONSIBILITY OF THE ADMINISTRATIVE OFFICES CONCERNED.