B-147356, NOV. 6, 1961

B-147356: Nov 6, 1961

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EDWARD TARASHINSKY: REFERENCE IS MADE TO YOUR LETTERS DATED OCTOBER 4 AND 17. WE HAVE RECEIVED A REPORT FROM THE DEPARTMENT OF THE ARMY FROM WHICH IT APPEARS THAT THE PROPERTY DISPOSAL OFFICER ACTED IN GOOD FAITH WHEN HE DETERMINED THAT CERTAIN SEALED BIDS RECEIVED AFTER 9 A.M. WERE PROPERLY FOR CONSIDERATION IN MAKING AWARDS. THE PROPERTY INVOLVED HAS BEEN REMOVED FROM THE INSTALLATION AND IT IS APPARENT THAT THE PURPOSE OF YOUR INQUIRY HAS BEEN ACCOMPLISHED SINCE IT HAS BEEN REPORTED THAT THE LETTERKENNY ORDNANCE DEPOT HAS BEEN INSTRUCTED WITH RESPECT TO FUTURE SPOT BID SALES TO INCLUDE IN THE INVITATION A PROVISION ESTABLISHING A SPECIFIC DEADLINE FOR THE SUBMISSION OF MAILED BIDS. A PROVISION RESPECTING THE CONSIDERATION OF LATE BIDS AND A PROVISION CLEARLY SPECIFYING WHEN AWARDS WILL TAKE PLACE.

B-147356, NOV. 6, 1961

TO MR. EDWARD TARASHINSKY:

REFERENCE IS MADE TO YOUR LETTERS DATED OCTOBER 4 AND 17, 1961, CONCERNING AWARDS TO OTHER BIDDERS ON FOUR ITEMS OF SPOT BID SALE INVITATION NO. 36-005-S-61-50, ISSUED APRIL 4, 1961, BY THE LETTERKENNY ORDNANCE DEPOT, CHAMBERSBURG, PENNSYLVANIA.

WE HAVE RECEIVED A REPORT FROM THE DEPARTMENT OF THE ARMY FROM WHICH IT APPEARS THAT THE PROPERTY DISPOSAL OFFICER ACTED IN GOOD FAITH WHEN HE DETERMINED THAT CERTAIN SEALED BIDS RECEIVED AFTER 9 A.M., ON MAY 16, 1961, WERE PROPERLY FOR CONSIDERATION IN MAKING AWARDS. IN ANY EVENT, THE PROPERTY INVOLVED HAS BEEN REMOVED FROM THE INSTALLATION AND IT IS APPARENT THAT THE PURPOSE OF YOUR INQUIRY HAS BEEN ACCOMPLISHED SINCE IT HAS BEEN REPORTED THAT THE LETTERKENNY ORDNANCE DEPOT HAS BEEN INSTRUCTED WITH RESPECT TO FUTURE SPOT BID SALES TO INCLUDE IN THE INVITATION A PROVISION ESTABLISHING A SPECIFIC DEADLINE FOR THE SUBMISSION OF MAILED BIDS, A PROVISION RESPECTING THE CONSIDERATION OF LATE BIDS AND A PROVISION CLEARLY SPECIFYING WHEN AWARDS WILL TAKE PLACE. ADDITIONALLY THE DEPOT WAS INFORMED THAT, IN THE ABSENCE OF COMPELLING CIRCUMSTANCES TO THE CONTRARY, THE INVITATION SHOULD SPECIFY THAT AWARD WILL TAKE PLACE WHEN THE HIGHEST BIDDER IS ANNOUNCED AND THE SALE PROGRESSES TO THE NEXT ITEM.

ACCORDINGLY, IT DOES NOT APPEAR THAT ANY FURTHER ACTION IN THE MATTER IS REQUIRED BY OUR OFFICE.