B-150542, APR. 4, 1963

B-150542: Apr 4, 1963

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IS CORRECT WITH THE EXCEPTION THAT YOU DO NOT BELIEVE THAT THE LOW BIDDER HAS FURNISHED SIMILAR EQUIPMENT TO THE POST OFFICE DEPARTMENT BEFORE AND YOU REQUEST THAT OUR OFFICE ASCERTAIN THE CONTRACTS UNDER WHICH THE EQUIPMENT WAS FURNISHED. IT WAS OBSERVED IN PASSING THAT THE DEPARTMENT ADVISED THAT THE LOW BIDDER HAD SATISFACTORILY PRODUCED SIMILAR UNITS BEFORE. EVEN IF IT WERE ESTABLISH THAT THE LOW BIDDER HAD NOT PRODUCED SIMILAR EQUIPMENT BEFORE. IT WOULD NOT AFFECT THE ULTIMATE CONCLUSION THAT WAS REACHED IN OUR FEBRUARY 28 LETTER AND WE SEE NO USEFUL PURPOSE TO BE SERVED BY COMPLYING WITH YOUR REQUEST.

B-150542, APR. 4, 1963

TO C AND M INDUSTRIAL ASSOCIATES, INC.:

IN LETTER OF MARCH 28, 1963, YOU STATE THAT OUR LETTER B-150542 OF FEBRUARY 28, 1963, IS CORRECT WITH THE EXCEPTION THAT YOU DO NOT BELIEVE THAT THE LOW BIDDER HAS FURNISHED SIMILAR EQUIPMENT TO THE POST OFFICE DEPARTMENT BEFORE AND YOU REQUEST THAT OUR OFFICE ASCERTAIN THE CONTRACTS UNDER WHICH THE EQUIPMENT WAS FURNISHED.

WHILE, IN OUR FEBRUARY 28 LETTER, IT WAS OBSERVED IN PASSING THAT THE DEPARTMENT ADVISED THAT THE LOW BIDDER HAD SATISFACTORILY PRODUCED SIMILAR UNITS BEFORE, OUR OFFICE AFFIRMED THE ACTION TAKEN BY THE POST OFFICE DEPARTMENT SOLELY ON THE BASIS THAT THE BIDS SUBMITTED DID NOT COMPLY WITH THE DESCRIPTIVE LITERATURE REQUIREMENT IN THE INVITATION FOR BIDS, AND THE QUESTION AS TO WHETHER THE LOW BIDDER HAD FURNISHED SIMILAR EQUIPMENT BEFORE HAS NO MATERIAL BEARING ON THE MATTER. THEREFORE, EVEN IF IT WERE ESTABLISH THAT THE LOW BIDDER HAD NOT PRODUCED SIMILAR EQUIPMENT BEFORE, IT WOULD NOT AFFECT THE ULTIMATE CONCLUSION THAT WAS REACHED IN OUR FEBRUARY 28 LETTER AND WE SEE NO USEFUL PURPOSE TO BE SERVED BY COMPLYING WITH YOUR REQUEST.

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