B-153256, MAR. 30, 1964

B-153256: Mar 30, 1964

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO THE J AND D TOOL COMPANY: REFERENCE IS MADE TO YOUR LETTER SUPPLEMENTING YOUR TELEGRAM OF JANUARY 12. SPECIFICALLY YOU PROTEST THE ACTION OF THE CONTRACTING OFFICER IN CANCELING THE INVITATION ON THE BASIS THAT THE TECHNICAL DATA WAS INADEQUATELY AND AMBIGUOUS WAS UNNECESSARY AND FRIVOLOUS AND PRECLUDED AN AWARD BEING MADE TO YOUR COMPANY. WHETHER THE CONTRACTING OFFICE WAS CORRECT IN CANCELING THE INVITATION IS AN ACADEMIC QUESTION AS FAR AS THE CANCELLATION RELATES TO YOUR COMPANY RECEIVING AN AWARD FOR ITEM 2. THE ADMINISTRATIVE AGENCY HAS REPORTED THAT THE CONTRACTING OFFICER DETERMINED THAT YOUR COMPANY WAS NOT RESPONSIBLE AND THAT THE SMALL BUSINESS ADMINISTRATION DECLINED TO ISSUE A CERTIFICATE OF COMPETENCY WHEN THE CASE WAS REFERRED TO IT FOR CONSIDERATION.

B-153256, MAR. 30, 1964

TO THE J AND D TOOL COMPANY:

REFERENCE IS MADE TO YOUR LETTER SUPPLEMENTING YOUR TELEGRAM OF JANUARY 12, 1964, PROTESTING THE CANCELLATION OF DEPARTMENT OF THE ARMY INVITATION FOR BIDS AMC/A/-11-173-64-14 AND THE SUBSEQUENT READVERTISEMENT UNDER INVITATION AMC/A/-11-173-64-54.

SPECIFICALLY YOU PROTEST THE ACTION OF THE CONTRACTING OFFICER IN CANCELING THE INVITATION ON THE BASIS THAT THE TECHNICAL DATA WAS INADEQUATELY AND AMBIGUOUS WAS UNNECESSARY AND FRIVOLOUS AND PRECLUDED AN AWARD BEING MADE TO YOUR COMPANY.

HOWEVER, WHETHER THE CONTRACTING OFFICE WAS CORRECT IN CANCELING THE INVITATION IS AN ACADEMIC QUESTION AS FAR AS THE CANCELLATION RELATES TO YOUR COMPANY RECEIVING AN AWARD FOR ITEM 2. IN THAT CONNECTION, THE ADMINISTRATIVE AGENCY HAS REPORTED THAT THE CONTRACTING OFFICER DETERMINED THAT YOUR COMPANY WAS NOT RESPONSIBLE AND THAT THE SMALL BUSINESS ADMINISTRATION DECLINED TO ISSUE A CERTIFICATE OF COMPETENCY WHEN THE CASE WAS REFERRED TO IT FOR CONSIDERATION. OUR OFFICE HAS REGARDED THE REFUSAL OF THE SMALL BUSINESS ADMINISTRATION TO ISSUE A CERTIFICATE OF COMPETENCY IN A GIVEN CASE AS PERSUASIVE ON THE MATTER OF RESPONSIBILITY. SEE B- 136545, FEBRUARY 10, 1959, AND B 152080, OCTOBER 9, 1963. THEREFORE, EVEN IF THE INVITATION HAD NOT BEEN CANCELED, IT APPEARS THAT AN AWARD FOR ITEM 2 WOULD NOT HAVE BEEN MADE TO YOUR COMPANY.