B-154657, AUG. 25, 1964

B-154657: Aug 25, 1964

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION: ENCLOSED IS A COPY OF OUR DECISION OF TODAY ON THE QUESTION OF WHETHER BURGESS BATTERY COMPANY WAS PREJUDICED BY THE PROCUREMENT PROCEDURE EMPLOYED BY LANGLEY RESEARCH CENTER. YOUR ATTENTION IS INVITED TO THE FACT THAT. WE DO NOT CONSIDER THE FACT THAT OTHER BIDDERS MAY HAVE BEEN INCONVENIENCED CONSTITUTES AN ADEQUATE REASON. THIS MATTER WAS THE SUBJECT OF A REPORT FROM THE ACTING DIRECTOR OF PROCUREMENT. THE FILE SUBMITTED WITH THE REPORT IS RETURNED AS REQUESTED.

B-154657, AUG. 25, 1964

TO THE HONORABLE JAMES E. WEBB, ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY ON THE QUESTION OF WHETHER BURGESS BATTERY COMPANY WAS PREJUDICED BY THE PROCUREMENT PROCEDURE EMPLOYED BY LANGLEY RESEARCH CENTER, IN CONNECTION WITH THE SOLICITATION OF BIDS UNDER INVITATION FOR BIDS NO. L-4521A.

WHILE OUR DECISION CONCLUDES THAT NO VALID BASIS EXISTS ON WHICH WE MIGHT DIRECT CANCELLATION OF THE INVITATION, YOUR ATTENTION IS INVITED TO THE FACT THAT, UNDER ALL OF THE CIRCUMSTANCES IN THIS PROCUREMENT, WE DO NOT CONSIDER THE FACT THAT OTHER BIDDERS MAY HAVE BEEN INCONVENIENCED CONSTITUTES AN ADEQUATE REASON, IN ITSELF, TO SUPPORT THE REFUSAL OF A REASONABLE EXTENSION IN THE BID OPENING TIME. WE THEREFORE RECOMMEND THAT APPROPRIATE STEPS BE TAKEN TO REQUIRE ANY REFUSALS OF SIMILAR REQUESTS, IN FUTURE PROCUREMENTS INVOLVING SIMILAR CIRCUMSTANCES, TO BE SUPPORTED AND ACCOMPANIED BY A DETAILED STATEMENT OF THE REASONS WHY THE REQUESTED EXTENSION WOULD NOT BE IN THE INTEREST OF THE GOVERNMENT.

THIS MATTER WAS THE SUBJECT OF A REPORT FROM THE ACTING DIRECTOR OF PROCUREMENT, DATED AUGUST 7, 1964. THE FILE SUBMITTED WITH THE REPORT IS RETURNED AS REQUESTED.