B-164836, MAY 20, 1969

B-164836, MAY 20, 1969

TO MR. ROSS:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 28, 1969, AND ATTACHMENTS, RESPONDING TO OUR REQUEST OF MARCH 25, 1969, FOR CLARIFICATION OF THE DISCREPANCIES AND AMBIGUITIES FOUND UPON ANALYSIS OF THE REPORT OF FEBRUARY 20, 1969, IN CONNECTION WITH THE PROTEST OF CREDIT SERVICE OF MIAMI, FLORIDA, UNDER INVITATION FOR BIDS NO. 68-500.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTING BIDDER. WHILE WE STILL ARE NOT SATISFIED THAT THERE IS ADEQUATE EVIDENCE OF CLEARLY PROBATIVE VALUE IN THE RECORD OF THIS CASE TO JUSTIFY THE CONCLUSION THAT CREDIT SERVICE WAS NOT QUALIFIED TO FURNISH THE SERVICES CALLED FOR BY THE SOLICITATION, WE BELIEVE THAT IN VIEW OF THE APPROACHING EXPIRATION OF THE CURRENT CONTRACT THE PURPOSE OF THIS PROTEST WOULD MOST PROPERLY BE SERVED BY THE EFFECTUATION OF APPROPRIATE REVISIONS IN THE INVITATION FOR THE ENSUING YEAR, PARTICULARLY IN THE LIGHT OF THE HISTORY OF THIS PROTEST AND THE QUESTIONABLE PROVISIONS AND PROCEDURES DISCLOSED THEREBY.

CONSIDERING THE SEVERAL POINTS OF CONTROVERSY GENERATED IN THIS CASE, WE BELIEVE THE INVITATION SHOULD IDENTIFY, EITHER BY NAME OR BY STATEMENT OF READILY ASCERTAINABLE STANDARDS, THOSE GENERAL AND DEPARTMENT STORES, AND ANY OTHER REQUIRED SOURCES OF CREDIT INFORMATION, WHICH FHA WILL CONSIDER FOR THE PURPOSE OF EVALUATING THE BIDDERS' CAPABILITIES, AND STATE WHAT NUMBER OR PERCENTAGE OF SUCH STORES OR OTHER SOURCES IN THE AREA MUST FURNISH OR MAKE AVAILABLE THEIR CREDIT RECORDS TO A BIDDER TO ESTABLISH HIS CAPABILITY TO PERFORM THE OFFERED CONTRACT. IF ACCESS TO THE CREDIT RECORDS OF ONE OR MORE PARTICULAR STORES IS DEEMED INDISPENSABLE, SUCH STORES SHOULD BE IDENTIFIED. (IN THIS CONNECTION, THE RECORD OF THE QUESTIONED CONTRACT AWARD DOES NOT CLEARLY RULE OUT THE POSSIBILITY THAT THERE MAY BE OTHER DEPARTMENT STORES IN THE AREA HAVING EQUAL RANK, ON THE BASIS OF VOLUME OF CREDIT SALES, WITH THOSE SELECTED FOR THE SURVEY, WHICH DO NOT FURNISH COMPLETE CREDIT INFORMATION TO THE AGENCY TO WHICH AWARD WAS MADE.)

WE FURTHER SUGGEST THAT THE INVITATION BE MODIFIED SO AS TO ADVISE BIDDERS WHO CLAIM ABILITY TO ACQUIRE CREDIT INFORMATION OTHER THAN AS A REPOSITORY, THAT THE LOW BIDDER MAY BE REQUIRED AFTER BID OPENING TO INDICATE THE INDIVIDUALS BY WHOM AUTHORITY FOR GAINING ACCESS TO EACH SOURCE'S RECORDS OR OBTAINING INFORMATION THEREFROM HAS BEEN GRANTED. FINALLY, UNDER THE PRESENT INVITATION IT APPEARS THAT A BIDDER WHO IS A REPOSITORY MAY QUALIFY FOR AWARD ON THE BASIS OF "IN FILE" INFORMATION ALONE WHICH MAY NOT HAVE BEEN BROUGHT UP TO DATE. THIS IS NOT CONSISTENT WITH THE REQUIREMENT THAT BIDDERS INTENDING TO PURCHASE OR OTHERWISE OBTAIN INFORMATION FROM THE REPOSITORY PROVIDE FHA WITH UPDATED "IN FILE" INFORMATION.