B-118405, AUG. 24, 1955
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 11. THE BASIS OF YOUR PROTEST WAS THAT YOU WERE NOT ALLOWED SUFFICIENT TIME IN WHICH TO REPLACE THE QUANTITY OF SUPPLIES SHIPPED UNDER THE CONTRACT AND REJECTED FOR FAILURE TO MEET SPECIFICATION. 12 AND 13 WAS MADE ON FEBRUARY 4. THAT PURCHASE ORDER NO. 55-D-7453 WAS ISSUED ON THAT DATE. THAT DELIVERY WAS DUE AT DESTINATION ON FEBRUARY 23. YOU CONTEND THAT NOTICE OF AWARD WAS NOT RECEIVED UNTIL FEBRUARY 7. THAT DELIVERY WAS NOT DUE UNTIL FEBRUARY 27. THE FOREGOING FACTS ARE DISCLOSED BY THE COPIES OF LETTERS AND TELEGRAMS TRANSMITTED WITH YOUR LETTER. COPIES OF ALL THE LETTERS AND TELEGRAMS REFERRED TO IN THE ADMINISTRATIVE REPORT WERE AMONG THOSE FORWARDED WITH YOUR LETTER OF APRIL 11.
B-118405, AUG. 24, 1955
TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 11, 1955, WITH ENCLOSURES, WHEREIN YOU PROTEST AGAINST THE ACTION OF THE GENERAL SERVICES ADMINISTRATION IN TERMINATING YOUR RIGHT TO PROCEED UNDERCONTRACT NO. GS- 08S-6342 DATED FEBRUARY 4, 1955, BY REASON OF YOUR DEFAULT, AND PURCHASING THE CONTRACT MATERIAL CALLED FOR UNDER CERTAIN ITEMS IN THE OPEN MARKET AGAINST YOUR ACCOUNT.
THE BASIS OF YOUR PROTEST WAS THAT YOU WERE NOT ALLOWED SUFFICIENT TIME IN WHICH TO REPLACE THE QUANTITY OF SUPPLIES SHIPPED UNDER THE CONTRACT AND REJECTED FOR FAILURE TO MEET SPECIFICATION.
THE RECORD SHOWS THAT THE AWARD OF ITEMS 2, 3, 4, 9, 10, 11, 12 AND 13 WAS MADE ON FEBRUARY 4, 1955, AND THAT PURCHASE ORDER NO. 55-D-7453 WAS ISSUED ON THAT DATE. THE RESULTANT CONTRACT NO. GS-08S-6342 PROVIDES THAT DELIVERY SHALL BE MADE AT DESTINATION WITHIN TWENTY (20) DAYS AFTER NOTICE OF AWARD. ON THAT BASIS THE CONTRACTING OFFICE STATES IN ITS TELEGRAM OF MARCH 2, 1955, THAT DELIVERY WAS DUE AT DESTINATION ON FEBRUARY 23, 1955. YOU CONTEND THAT NOTICE OF AWARD WAS NOT RECEIVED UNTIL FEBRUARY 7, AND THAT DELIVERY WAS NOT DUE UNTIL FEBRUARY 27, 1955. IN ANY EVENT, IT APPEARS THAT YOU HAD NOT EFFECTED DELIVERY OF THE TYPE OF FUSES AND FUSE ELEMENTS REQUIRED UNDER ITEMS NOS. 2, 10, 11, 12, 13 AS LATE AS APRIL 1, 1955, NOTWITHSTANDING SEVERAL MESSAGES FROM THE CONTRACTING OFFICER INDICATING THE URGENT NEED FOR THE SUPPLIES. THE FOREGOING FACTS ARE DISCLOSED BY THE COPIES OF LETTERS AND TELEGRAMS TRANSMITTED WITH YOUR LETTER.
THE ADMINISTRATIVE REPORT DATED JUNE 28, 1955, FURNISHED TO THIS OFFICE PURSUANT TO A REQUEST IN OFFICE LETTER OF MAY 17, 1955, CONTAINS THE FOLLOWING PERTINENT INFORMATION:
"LETTER OF MARCH 22 TO MANHATTAN OUTLINED THE REASONS FOR REJECTION AND TERMINATED CONTRACTOR'S RIGHT TO PROCEED WITH DELIVERY OF THE REJECTED ITEMS. TELEGRAM OF MARCH 24 RESCINDED THE TERMINATION AND ALLOWED THE CONTRACTOR UNTIL COB MARCH 28 TO FURNISH EVIDENCE OF SHIPMENT. ON MARCH 29, BY TELEGRAM, TIME FOR SHIPMENT EXTENDED UNTIL MARCH 30 AND EVIDENCE OF SHIPMENT TO BE FURNISHED BY 10:00 A.M., MARCH 31. MANHATTAN FAILED TO MAKE SHIPMENT.
"CONTRACTOR'S RIGHT TO PROCEED TERMINATED ON APRIL 1. MATERIAL PURCHASED FROM POINDEXTER ELECTRIC CO., DENVER, COLORADO, AND DELIVERY COMPLETED ON APRIL 11. EXCESS COST CHARGED TO THE ACCOUNT OF MANHATTEN.'
COPIES OF ALL THE LETTERS AND TELEGRAMS REFERRED TO IN THE ADMINISTRATIVE REPORT WERE AMONG THOSE FORWARDED WITH YOUR LETTER OF APRIL 11, 1955.
UNDER THE FOREGOING CIRCUMSTANCES, SINCE THERE APPEARS TO BE NO QUESTION AS TO YOUR BEING IN DEFAULT, THIS OFFICE WOULD NOT BE JUSTIFIED IN QUESTIONING THE ADMINISTRATIVE ACTION TAKEN IN THIS CASE.