B-150277, AUG. 16, 1953

B-150277: Aug 16, 1953

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INC.: REFERENCE IS MADE TO YOUR LETTERS DATED JULY 11 AND 16. WE ARE ADVISED THAT IT IS THE POLICY OF THE FEDERAL SUPPLY SERVICE TO FURNISH INFORMATION TO A COMPETING CONCERN AS TO WHETHER SAMPLES SUBMITTED BY OTHER BIDDERS FAILED OR PASSED TESTS IF SUCH INFORMATION DOES NOT APPEAR TO BE UNFAIRLY PREJUDICIAL TO THE INTERESTS OF SUCH OTHER BIDDERS. THE TEST RESULTS DETAILING WHY A PARTICULAR SAMPLE FAILED TO MEET THE SPECIFICATIONS ARE NOT FURNISHED TO COMPETITORS BECAUSE THIS WOULD BE DETRIMENTAL TO GOOD PROCUREMENT PRACTICES. REQUESTS FOR SUCH INFORMATION BY ONE CONCERN ABOUT A COMPETITOR'S PRODUCT ARE INVARIABLY DENIED. WE DO NOT BELIEVE THAT THE ADMINISTRATIVE POLICY IN THESE MATTERS IS ARBITRARY OR UNREASONABLE IN ANY RESPECT.

B-150277, AUG. 16, 1953

TO SPEEDRY CHEMICAL PRODUCTS, INC.:

REFERENCE IS MADE TO YOUR LETTERS DATED JULY 11 AND 16, 1963, RELATIVE TO THE REQUEST MADE BY YOUR COMPANY TO THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION, THAT THE TEST RESULTS ON SAMPLES OF FELT TIP MARKERS SUBMITTED BY OTHER BIDDERS UNDER INVITATION FOR BIDS NO. FPNSO-9P- 1709A-5-29-63, BE MADE AVAILABLE FOR PUBLIC INSPECTION.

WE ARE ADVISED THAT IT IS THE POLICY OF THE FEDERAL SUPPLY SERVICE TO FURNISH INFORMATION TO A COMPETING CONCERN AS TO WHETHER SAMPLES SUBMITTED BY OTHER BIDDERS FAILED OR PASSED TESTS IF SUCH INFORMATION DOES NOT APPEAR TO BE UNFAIRLY PREJUDICIAL TO THE INTERESTS OF SUCH OTHER BIDDERS. HOWEVER, THE TEST RESULTS DETAILING WHY A PARTICULAR SAMPLE FAILED TO MEET THE SPECIFICATIONS ARE NOT FURNISHED TO COMPETITORS BECAUSE THIS WOULD BE DETRIMENTAL TO GOOD PROCUREMENT PRACTICES, AND REQUESTS FOR SUCH INFORMATION BY ONE CONCERN ABOUT A COMPETITOR'S PRODUCT ARE INVARIABLY DENIED.

WE DO NOT BELIEVE THAT THE ADMINISTRATIVE POLICY IN THESE MATTERS IS ARBITRARY OR UNREASONABLE IN ANY RESPECT. IN ANY EVENT, IT NOW APPEARS THAT YOUR PROTEST TO OUR OFFICE CONCERNING SUCH POLICY HAS BECOME ACADEMIC SINCE IT HAS BEEN REPORTED THAT THE FEDERAL SUPPLY SERVICE IS IN THE PROCESS OF AWARDING A CONTRACT TO YOUR FIRM FOR THE FURNISHING OF FELT TIP MARKERS. ACCORDINGLY, WE ARE CONSIDERING THE CASE CLOSED.