B-145910, DEC. 19, 1961
Highlights
WAS NONRESPONSIVE IN THAT YOU FAILED TO FURNISH INFORMATION NECESSARY FOR QUALIFICATION. IN YOUR LETTER YOU MAKE THE FOLLOWING STATEMENT: "WE HAVE NO DISPUTE WITH THE DECISION AS RENDERED ON THE BASIS OF THE FACTS AS INDICATED IN YOUR LETTER OF JULY 27TH. WE WOULD LIKE TO CHALLENGE SOME OF THE FACTS WHICH WE BELIEVE ARE PERTINENT TO THE ISSUE AND REVIEW THE ENTIRE CASE.'. THE ADMINISTRATIVE FINDING THAT YOU REFUSED THE CONTRACTING OFFICER'S REQUEST TO FURNISH THE REQUIRED INFORMATION BEFORE AWARD WAS MADE MUST PREVAIL OVER YOUR CONTENTION TO THE CONTRARY.
B-145910, DEC. 19, 1961
TO NIEDERMEYER-MARTIN CO:
YOUR LETTER OF OCTOBER 23, 1961, REQUESTS REVIEW OF OUR DECISION B 145910, IN WHICH WE HELD THAT YOUR BID SUBMITTED UNDER INVITATION FOR BIDS NO. N140-597-61, WAS NONRESPONSIVE IN THAT YOU FAILED TO FURNISH INFORMATION NECESSARY FOR QUALIFICATION. IN YOUR LETTER YOU MAKE THE FOLLOWING STATEMENT:
"WE HAVE NO DISPUTE WITH THE DECISION AS RENDERED ON THE BASIS OF THE FACTS AS INDICATED IN YOUR LETTER OF JULY 27TH. HOWEVER, WE WOULD LIKE TO CHALLENGE SOME OF THE FACTS WHICH WE BELIEVE ARE PERTINENT TO THE ISSUE AND REVIEW THE ENTIRE CASE.'
OUR OFFICE CONSISTENTLY HOLDS THAT IN A CASE INVOLVING A DISPUTE OF FACT, WE ACCEPT THE ADMINISTRATIVE REPORT IN THE ABSENCE OF SUBSTANTIAL EVIDENCE TO THE CONTRARY. 16 COMP. GEN. 1105, 40 ID. 178, 180. UNDER THIS RULE, THE ADMINISTRATIVE FINDING THAT YOU REFUSED THE CONTRACTING OFFICER'S REQUEST TO FURNISH THE REQUIRED INFORMATION BEFORE AWARD WAS MADE MUST PREVAIL OVER YOUR CONTENTION TO THE CONTRARY.