B-146025, JUN. 29, 1961

B-146025: Jun 29, 1961

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FIVE BIDS WERE RECEIVED AND OPENED ON MAY 23. THE BID OF YOUR COMPANY WAS THE LOWEST RECEIVED FOLLOWED BY THAT SUBMITTED BY THE ACE REPORTING COMPANY. YOUR BID WAS ADMINISTRATIVELY REJECTED ON MAY 31. WHILE THE MATTER OF YOUR COMPANY'S RESPONSIBILITY AS A PROSPECTIVE GOVERNMENT CONTRACTOR COULD HAVE BEEN REVIEWED BY THE SMALL BUSINESS ADMINISTRATION UNDER THE CURRENT FEDERAL PROCUREMENT REGULATIONS. WE ARE ADVISED THAT YOU DECLINED TO HAVE THAT ADMINISTRATION REVIEW YOUR COMPANY'S COMPETENCY FOR THE PURPOSE OF DETERMINING WHETHER A CERTIFICATE OF COMPETENCY SHOULD BE ISSUED WITH RESPECT TO YOUR COMPANY'S COMPETENCY. YOUR COMPANY'S RESPONSIBILITY WAS A MATTER FOR DETERMINATION BY THE COMMISSION AND IN THE ABSENCE OF EVIDENCE THAT SUCH DETERMINATION WAS ARBITRARY OR CAPRICIOUS IT MUST BE ACCEPTED BY THIS OFFICE. 38 COMP.

B-146025, JUN. 29, 1961

TO MRS. DORIS F. HOOVER:

BY LETTER DATED JUNE 2, 1961, YOU PROTESTED AGAINST THE AWARD OF A CONTRACT BY THE FEDERAL TRADE COMMISSION FOR STENOGRAPHIC REPORTING SERVICES TO THE ACE REPORTING COMPANY FOR THE FISCAL YEAR BEGINNING JULY 1, 1961.

FIVE BIDS WERE RECEIVED AND OPENED ON MAY 23, 1961, IN RESPONSE TO AN INVITATION FOR BIDS SENT TO 27 INTERESTED FIRMS. THE BID OF YOUR COMPANY WAS THE LOWEST RECEIVED FOLLOWED BY THAT SUBMITTED BY THE ACE REPORTING COMPANY. ON THE BASIS OF A REVIEW OF YOUR COMPANY'S CAPABILITIES WHICH REVEALED A LACK OF EXPERIENCE AND FINANCING TO PROPERLY PERFORM THE RESULTING CONTRACT, YOUR BID WAS ADMINISTRATIVELY REJECTED ON MAY 31, 1961. WHILE THE MATTER OF YOUR COMPANY'S RESPONSIBILITY AS A PROSPECTIVE GOVERNMENT CONTRACTOR COULD HAVE BEEN REVIEWED BY THE SMALL BUSINESS ADMINISTRATION UNDER THE CURRENT FEDERAL PROCUREMENT REGULATIONS, WE ARE ADVISED THAT YOU DECLINED TO HAVE THAT ADMINISTRATION REVIEW YOUR COMPANY'S COMPETENCY FOR THE PURPOSE OF DETERMINING WHETHER A CERTIFICATE OF COMPETENCY SHOULD BE ISSUED WITH RESPECT TO YOUR COMPANY'S COMPETENCY, AS TO CAPACITY AND CREDIT, UNDER THE INSTANT INVITATION. IN VIEW THEREOF, YOUR COMPANY'S RESPONSIBILITY WAS A MATTER FOR DETERMINATION BY THE COMMISSION AND IN THE ABSENCE OF EVIDENCE THAT SUCH DETERMINATION WAS ARBITRARY OR CAPRICIOUS IT MUST BE ACCEPTED BY THIS OFFICE. 38 COMP. GEN. 131. WE HAVE EXAMINED THE FACTS PRESENTED TO US IN SUPPORT OF THE ADMINISTRATIVE DETERMINATION AND CANNOT CONCLUDE THAT SUCH DETERMINATION WAS MADE IN OTHER THAN GOOD FAITH.