B-118405, SEP. 27, 1955
Highlights
INC.: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15. AMONG THE ENCLOSURES WITH YOUR LETTER WAS A COPY OF A LETTER DATED SEPTEMBER 1. IT WAS DETERMINED THAT THE SPERO REFLECTOR AND SOCKET AS SUBMITTED WAS NOT COMPARABLE TO THE SAMPLE SPECIFICATION ITEM ON HAND. FOR THE INDUSTRIAL TYPE SERVICE FOR WHICH THESE FIXTURES WERE TO BE USED. "WE BELIEVE THAT THE CONTRACT AS MADE WAS THE MOST ADVANTAGEOUS FOR THE GOVERNMENT. ON THE PRESENT RECORD THERE IS NO ACTION WHICH WE MAY PROPERLY TAKE IN THIS MATTER.
B-118405, SEP. 27, 1955
TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:
REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1955, WITH ENCLOSURES, PROTESTING THE AWARD MADE BY THE GENERAL SERVICES ADMINISTRATION UNDER INVITATION NO. KC-39538-A FOR 800 REFLECTORS.
AMONG THE ENCLOSURES WITH YOUR LETTER WAS A COPY OF A LETTER DATED SEPTEMBER 1, 1955, FROM NEAL BROWNE, PURCHASING AGENT, FEDERAL SUPPLY SERVICE, KANSAS CITY, MISSOURI, CONTAINING THE FOLLOWING PARAGRAPHS:
"AFTER COMPARISON OF THE SAMPLE SPERO REFLECTOR AND 250 WATT PULL CHAIN SOCKET SUBMITTED BY YOUR COMPANY, WITH THE SAMPLE ABOLITE REFLECTOR AND 660 WATT PULL CHAIN SOCKET ON HAND, IT WAS DETERMINED THAT THE SPERO REFLECTOR AND SOCKET AS SUBMITTED WAS NOT COMPARABLE TO THE SAMPLE SPECIFICATION ITEM ON HAND, AND LISTED ON OUR INVITATION, FOR THE INDUSTRIAL TYPE SERVICE FOR WHICH THESE FIXTURES WERE TO BE USED.
"WE BELIEVE THAT THE CONTRACT AS MADE WAS THE MOST ADVANTAGEOUS FOR THE GOVERNMENT, PRICE AND OTHER FACTORS CONSIDERED.'
THE ABOVE DETERMINATION CONCERNS A QUESTION OF FACT AND IN A CASE OF THIS KIND WE MUST ACCEPT THE ADMINISTRATIVE VERSION OF THE FACTS IN THE ABSENCE OF EVIDENCE ESTABLISHING THE SAME TO BE ERRONEOUS. ACCORDINGLY, ON THE PRESENT RECORD THERE IS NO ACTION WHICH WE MAY PROPERLY TAKE IN THIS MATTER.