Skip to main content

B-132266, SEP. 16, 1957

B-132266 Sep 16, 1957
Jump To:
Skip to Highlights

Highlights

INC.: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 19. IN WHICH YOU WERE ADVISED THAT WE WOULD NOT BE JUSTIFIED IN HOLDING THAT THE ADMINISTRATIVE ACTION IN REJECTING YOUR BID FOR FURNISHING EQUIPMENT PURSUANT TO INVITATION NO. ENG-44 009-57-47 WAS ILLEGAL OR IMPROPER. THE STATEMENTS CONTAINED IN OUR LETTER OF AUGUST 12 WHICH YOU QUESTION WERE CONTAINED IN THE REPORT WHICH WAS FURNISHED US BY THE ASSISTANT SECRETARY OF THE ARMY. IT IS NOTED THAT PAGE 3 THEREOF CALLS FOR THE INSTALLATION OF AN AUTOMATIC FIRE DETECTION SYSTEM OF THE FIXED TEMPERATURE LIMITED RATE OF RISE RESPONSE TYPE. IT IS STATED THAT "THE MATERIAL SUBMITTED WITH THE VERIFICATION DID NOT MEET THE SPECIFICATIONS BECAUSE THE MATERIAL INCLUDED A FIXED- TEMPERATURE SELF RESETTING THERMOSTAT INSTEAD OF A LIMITED RATE-OF-RISE THERMOSTAT AS REQUIRED BY THE SPECIFICATIONS AND INVITATION TO BID.'.

View Decision

B-132266, SEP. 16, 1957

TO HAROLD S. SMITH AND SON, INC.:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 19, 1957, IN RESPONSE TO OUR LETTER OF AUGUST 12, 1957, IN WHICH YOU WERE ADVISED THAT WE WOULD NOT BE JUSTIFIED IN HOLDING THAT THE ADMINISTRATIVE ACTION IN REJECTING YOUR BID FOR FURNISHING EQUIPMENT PURSUANT TO INVITATION NO. ENG-44 009-57-47 WAS ILLEGAL OR IMPROPER.

THE STATEMENTS CONTAINED IN OUR LETTER OF AUGUST 12 WHICH YOU QUESTION WERE CONTAINED IN THE REPORT WHICH WAS FURNISHED US BY THE ASSISTANT SECRETARY OF THE ARMY. AS TO DISPUTED QUESTIONS OF FACT, OUR OFFICE ACCEPTS THE DETERMINATIONS OF THE ADMINISTRATIVE OFFICERS IN THE ABSENCE OF CONVINCING EVIDENCE TO THE CONTRARY. REGARDING THE SPECIFICATIONS, IT IS NOTED THAT PAGE 3 THEREOF CALLS FOR THE INSTALLATION OF AN AUTOMATIC FIRE DETECTION SYSTEM OF THE FIXED TEMPERATURE LIMITED RATE OF RISE RESPONSE TYPE. IN PARAGRAPH (B) OF THE REPORT, QUOTED ON PAGE 2 OF OUR LETTER, IT IS STATED THAT "THE MATERIAL SUBMITTED WITH THE VERIFICATION DID NOT MEET THE SPECIFICATIONS BECAUSE THE MATERIAL INCLUDED A FIXED- TEMPERATURE SELF RESETTING THERMOSTAT INSTEAD OF A LIMITED RATE-OF-RISE THERMOSTAT AS REQUIRED BY THE SPECIFICATIONS AND INVITATION TO BID.'

YOU WERE ADVISED IN OUR LETTER OF AUGUST 12, 1957, THAT THE RESPONSIBILITY AND CAPABILITY OF BIDDERS AND THE RESPONSIVENESS OF BIDS ARE PRIMARILY MATTERS FOR DETERMINATION BY THE CONTRACTING AGENCY AND, SINCE IT APPEARED THAT THERE WERE ADEQUATE REASONS FOR THE REJECTION OF YOUR BID, THERE WAS NO PROPER BASIS FOR US TO TAKE ANY ACTION IN CONNECTION WITH THE MATTER. LIKEWISE, THE QUESTION AS TO THE HONESTY AND INTEGRITY OF DEPARTMENT OF THE ARMY EMPLOYEES REFERRED TO IN YOUR LETTER IS A MATTER FOR CONSIDERATION BY THE ADMINISTRATIVE OFFICE. SINCE NO NEW EVIDENCE IN ADDITION TO THAT HERETOFORE CONSIDERED HAS BEEN FURNISHED, NO FURTHER ACTION IN THE MATTER IS REQUIRED.

GAO Contacts

Office of Public Affairs