B-176410, SEP 8, 1972

B-176410: Sep 8, 1972

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WHILE IT IS UNFORTUNATE THAT PROTESTANT DID NOT RECEIVE AN INVITATION TO BID IN THIS INSTANCE. THE ADMINISTRATIVE EXPLANATION IS SUFFICIENT TO INDICATE THAT THE EXCLUSION FROM THE BIDDERS LIST WAS NOT CONSCIOUS OR DELIBERATE. A COPY OF WHICH WAS FURNISHED YOU EARLIER. IS INCLUDED ON THE AUTOMATIC MAILING LIST MAINTAINED BY THE DISTRICT OF COLUMBIA BUREAU OF MATERIEL MANAGEMENT. THAT LIST WAS NOT USED FOR THE INSTANT PROCUREMENT BECAUSE IT WAS NOT RECEIVED BY THE CONTRACTING OFFICER EVEN THOUGH REQUESTED THROUGH NORMAL DISTRICT OF COLUMBIA GOVERNMENT CHANNELS. A BIDDERS LIST WAS PREPARED FROM A PREVIOUS BIDDERS LIST ON WHICH THE NAME OF B & W STAT LABORATORY. INVITATIONS WERE MAILED TO 24 PROSPECTIVE BIDDERS AND EIGHT BIDS WERE RECEIVED IN RESPONSE TO THE SUBJECT INVITATION.

B-176410, SEP 8, 1972

BID PROTEST - MAILING LIST - EXCLUDED BIDDER DENIAL OF PROTEST BY B & W STAT LABORATORY, INC., AGAINST EXCLUSION FROM THE MAILING LIST FOR AN IFB ISSUED BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA. WHILE IT IS UNFORTUNATE THAT PROTESTANT DID NOT RECEIVE AN INVITATION TO BID IN THIS INSTANCE, THE FACTS DO NOT WARRANT A RESOLICITATION OF THE PROCUREMENT IN THE ABSENCE OF EVIDENCE OF A CONSCIOUS OR DELIBERATE INTENT TO EXCLUDE B & W STAT LABORATORY, INC., FROM PARTICIPATING IN THE COMPETITION. THE ADMINISTRATIVE EXPLANATION IS SUFFICIENT TO INDICATE THAT THE EXCLUSION FROM THE BIDDERS LIST WAS NOT CONSCIOUS OR DELIBERATE. SEE B-175217, APRIL 6, 1972.

TO B & W STAT LABORATORY, INC.:

YOUR LETTERS OF JUNE 29 AND JULY 28, 1972, PROTEST YOUR EXCLUSION FROM THE MAILING LIST FOR INVITATION FOR BIDS NO. 0320-6-2-451-CH, ISSUED BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA.

THE REPORT IN THIS MATTER SUBMITTED TO OUR OFFICE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, A COPY OF WHICH WAS FURNISHED YOU EARLIER, INDICATES THAT WHILE THE NAME OF B & W STAT LABORATORY, INC., IS INCLUDED ON THE AUTOMATIC MAILING LIST MAINTAINED BY THE DISTRICT OF COLUMBIA BUREAU OF MATERIEL MANAGEMENT, THAT LIST WAS NOT USED FOR THE INSTANT PROCUREMENT BECAUSE IT WAS NOT RECEIVED BY THE CONTRACTING OFFICER EVEN THOUGH REQUESTED THROUGH NORMAL DISTRICT OF COLUMBIA GOVERNMENT CHANNELS. INSTEAD, A BIDDERS LIST WAS PREPARED FROM A PREVIOUS BIDDERS LIST ON WHICH THE NAME OF B & W STAT LABORATORY, INC., DID NOT APPEAR. INVITATIONS WERE MAILED TO 24 PROSPECTIVE BIDDERS AND EIGHT BIDS WERE RECEIVED IN RESPONSE TO THE SUBJECT INVITATION.

WHILE IT IS UNFORTUNATE THAT YOUR FIRM DID NOT RECEIVE AN INVITATION TO BID IN THIS INSTANCE, THE FACTS DO NOT WARRANT A RESOLICITATION OF THE PROCUREMENT IN THE ABSENCE OF EVIDENCE OF A CONSCIOUS OR DELIBERATE INTENT TO EXCLUDE B & W STAT LABORATORY, INC., FROM PARTICIPATING IN THE COMPETITION. IN OUR OPINION, THE ADMINISTRATIVE EXPLANATION IS SUFFICIENT TO INDICATE THAT THE EXCLUSION FROM THE BIDDERS LIST WAS NOT CONSCIOUS OR DELIBERATE. SEE, IN THIS REGARD, B-175217, APRIL 6, 1972, COPY ENCLOSED.

ACCORDINGLY, THE PROTEST IS DENIED.