B-170235, JUN 21, 1971
Highlights
BID PROTEST - COMPLETED PERFORMANCE ADVISING THAT NO FURTHER INQUIRY WILL BE MADE IN CONNECTION WITH THE PROTEST OF NUCLEAR INSTRUMENTS CORP. THE AWARD OF WHICH NUCLEAR IS PROTESTING. WAS MADE MORE THAN SIX MONTHS AGO. TO SEAMAN NUCLEAR CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF MAY 14. (NIC) UNDER FOREST SERVICE SOLICITATION R9-70-537 WAS IMPROPER. THAT OUR OFFICE WAS PRECLUDED FROM TAKING CORRECTIVE ACTION BECAUSE THE CONTRACT WAS COMPLETED AND THE CONTRACTOR PAID. YOU CONTEND THAT CERTAIN STATEMENTS SET OUT IN THE DECISION AND ATTRIBUTED TO NIC AND THE CONTRACTING OFFICER WITH REFERENCE TO NIC'S EXPERIENCE AND EQUIPMENT ARE ERRONEOUS. A PRICE SHEET WAS NOT ATTACHED TO THE BID YOU SUBMITTED UNDER THE SOLICITATION.
B-170235, JUN 21, 1971
BID PROTEST - COMPLETED PERFORMANCE ADVISING THAT NO FURTHER INQUIRY WILL BE MADE IN CONNECTION WITH THE PROTEST OF NUCLEAR INSTRUMENTS CORP., SINCE THE ARTICLES DELIVERED PURSUANT TO THE CONTRACT, THE AWARD OF WHICH NUCLEAR IS PROTESTING, WAS MADE MORE THAN SIX MONTHS AGO.
TO SEAMAN NUCLEAR CORPORATION:
REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1971, WITH ENCLOSURES, ACKNOWLEDGING RECEIPT OF OUR DECISION B-170235, NOVEMBER 18, 1970, WHICH HELD THAT THE AWARD MADE TO NUCLEAR INSTRUMENTS CORP. (NIC) UNDER FOREST SERVICE SOLICITATION R9-70-537 WAS IMPROPER, BUT THAT OUR OFFICE WAS PRECLUDED FROM TAKING CORRECTIVE ACTION BECAUSE THE CONTRACT WAS COMPLETED AND THE CONTRACTOR PAID.
YOU CONTEND THAT CERTAIN STATEMENTS SET OUT IN THE DECISION AND ATTRIBUTED TO NIC AND THE CONTRACTING OFFICER WITH REFERENCE TO NIC'S EXPERIENCE AND EQUIPMENT ARE ERRONEOUS. THEREFORE, IN LIGHT OF INFORMATION CONTAINED IN YOUR LETTER, YOU REQUEST THAT OUR OFFICE INVESTIGATE AND VERIFY THE STATEMENTS. FURTHER, YOU CONTEND THAT, CONTRARY TO ADMINISTRATIVE REPRESENTATIONS, A PRICE SHEET WAS NOT ATTACHED TO THE BID YOU SUBMITTED UNDER THE SOLICITATION.
EVEN IF EVERYTHING YOU STATE IS CORRECT, THE FACT REMAINS THAT THE ARTICLES WERE DELIVERED BY NIC AND PAID FOR MORE THAN 6 MONTHS AGO AND THAT NO CORRECTIVE ACTION COULD BE TAKEN AT THIS TIME TO EFFECT A PROPER AWARD UNDER SOLICITATION R9-70-537. CONSEQUENTLY, ANY FURTHER INVESTIGATION OF THE MATTER WOULD BE AN ACADEMIC EXERCISE. THEREFORE, WE DO NOT INTEND TO MAKE ANY FURTHER INQUIRY INTO THE MATTER.