B-146289, B-146304, B-146335, SEP. 12, 1961

B-146289,B-146335,B-146304: Sep 12, 1961

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INC.: FURTHER REFERENCE IS MADE TO YOUR TELEGRAMS OF JUNE 30. THE RECORD INDICATES THAT YOUR FIRM WAS NOT CONSIDERED FOR AWARD UNDER ANY OF THE FOUR INVITATIONS BECAUSE THE CONTRACTING OFFICER DETERMINED THAT YOUR FIRM WAS NOT A RESPONSIBLE BIDDER WITHIN THE MEANING OF SECTION 1-903.1 (IV) OF THE ARMED SERVICES PROCUREMENT REGULATION. THE LATTER DETERMINATION WAS BASED ON A STATISTICAL SURVEY REPORT WHICH INDICATED THAT YOUR FIRM HAD AN UNSATISFACTORY PERFORMANCE RECORD UNDER THE LAST ELEVEN CONTRACTS AWARDED TO YOU BY THE FRANKFORD ARSENAL AND THAT AS OF MAY 31. YOU WERE IN DEFAULT ON THREE OF THE FOUR ACTIVE CONTRACTS. THE NUMBERS OF THE CONTRACTS ON WHICH YOU WERE IN DEFAULT ARE DA-21188M.

B-146289, B-146304, B-146335, SEP. 12, 1961

TO THE WAKMANN WATCH COMPANY, INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAMS OF JUNE 30, JULY 3 AND 7, 1961, PROTESTING AGAINST THE ACTION OF THE FRANKFORD ARSENAL, PHILADELPHIA, PENNSYLVANIA, IN REJECTING YOUR LOW BIDS SUBMITTED IN RESPONSE TO INVITATIONS NOS. ORD-36-038-61-M-289, -357, -362 AND -385, COVERING THE FURNISHING OF ESTIMATED QUANTITIES OF AIRCRAFT CLOCKS.

THE RECORD INDICATES THAT YOUR FIRM WAS NOT CONSIDERED FOR AWARD UNDER ANY OF THE FOUR INVITATIONS BECAUSE THE CONTRACTING OFFICER DETERMINED THAT YOUR FIRM WAS NOT A RESPONSIBLE BIDDER WITHIN THE MEANING OF SECTION 1-903.1 (IV) OF THE ARMED SERVICES PROCUREMENT REGULATION. THE LATTER DETERMINATION WAS BASED ON A STATISTICAL SURVEY REPORT WHICH INDICATED THAT YOUR FIRM HAD AN UNSATISFACTORY PERFORMANCE RECORD UNDER THE LAST ELEVEN CONTRACTS AWARDED TO YOU BY THE FRANKFORD ARSENAL AND THAT AS OF MAY 31, 1961, YOU WERE IN DEFAULT ON THREE OF THE FOUR ACTIVE CONTRACTS. THE NUMBERS OF THE CONTRACTS ON WHICH YOU WERE IN DEFAULT ARE DA-21188M, DA-21095 AND DA-21135. AN ANALYSIS OF YOUR PERFORMANCE RECORD SHOWS THAT YOUR FIRM HAS BEEN IN A DELINQUENT STATUS IN VARYING DEGREES FOR 65 CONTRACTUAL MONTHS AS COMPARED WITH ONLY 5 CONTRACTUAL MONTHS YOU WERE ON OR AHEAD OF SCHEDULE. THE RECORD ALSO INDICATES THAT 33 PERCENT OF THE SHIPMENTS OF ABU-3/A CLOCKS YOU SENT TO REPUBLIC AVIATION, INC., FOR F105 AIRCRAFT WERE REJECTED BY THE ARSENAL.

THE RECORD ALSO INDICATES THAT YOUR BIDS WERE CONSIDERED TO BE NONRESPONSIVE TO THE INVITATIONS BECAUSE OF YOUR FAILURE TO SUBMIT WITH YOUR BIDS TIME-PHASED PRODUCTION PLANS AS REQUIRED BY AMENDMENTS TO THE INVITATIONS. ON JUNE 29 AND 30, 1961, CONTRACTS WERE AWARDED TO THE AEROSONIC CORPORATION PURSUANT TO INVITATIONS NOS. ORD-36-038-61-M 357 AND -385 AND ON JUNE 30, 1961, CONTRACTS WERE AWARDED TO LONGINES WITTNAUER WATCH CO., INC., AND TO THE WALTHAM PRECISION INSTRUMENT CO., INC., PURSUANT TO INVITATIONS NOS. ORD-36-038-61-M-362 AND -289, RESPECTIVELY.

CONTRACTS PURSUANT TO FORMAL ADVERTISING ARE REQUIRED TO BE AWARDED, UNDER 10 U.S.C. 2305 (C), TO THE "RESPONSIBLE BIDDER WHOSE BID CONFORMS TO THE INVITATION AND WILL BE THE MOST ADVANTAGEOUS TO THE UNITED STATES.' RESPONSIBLE CONTRACTOR UNDER ASPR 1-903.1 (IV) IS ONE WHO HAS, AMONG OTHER FACTORS, A SATISFACTORY RECORD OF PERFORMANCE. A HISTORY OF DELINQUENT PERFORMANCES UNDER PRIOR CONTRACTS IS A PROPER BASIS FOR DETERMINING THAT A BIDDER IS NOT RESPONSIBLE. 37 COMP. GEN. 798; ID. 756.

THE FUNCTION OF DETERMINING WHETHER A PARTICULAR PERSON OR FIRM IS A RESPONSIBLE BIDDER, WITHIN THE INTENT AND MEANING OF THE ADVERTISING STATUTES OF THE UNITED STATES, AND THUS ELIGIBLE TO RECEIVE AN AWARD OF GOVERNMENT CONTRACTS, IS ESSENTIALLY AN ADMINISTRATIVE ONE INVOLVING THE DETERMINATION OF SUCH FACTUAL ISSUES AS THE BIDDER'S REPUTATION FOR PAST PERFORMANCE, HIS OVER-ALL EXPERIENCE IN THE PARTICULAR INDUSTRY INVOLVED, HIS PLANT FACILITIES AND EQUIPMENT, INTEGRITY, FINANCIAL RESPONSIBILITY, AND LIKE CONSIDERATIONS, SUCH AS CAN BE DETERMINED ONLY BY, AND TO THE SATISFACTION OF, THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT ACTIVITY DIRECTLY CONCERNED. SEE O-BRIEN V. CARNEY, 6 F.SUPP. 761, 762; 14 COMP. GEN. 305; 34 ID. 86.

THE MATTER OF YOUR RESPONSIBILITY IN THIS INSTANCE WAS THE SUBJECT OF AN INVESTIGATION BY THE DEPARTMENT AND THE DETERMINATION OF NONRESPONSIBILITY APPEARS TO BE SUPPORTED BY THE RECORD. UNDER THE CIRCUMSTANCES, WE FIND NO BASIS TO OBJECT TO THE AWARDS MADE UNDER THE INSTANT INVITATIONS.