B-150674, MAR. 4, 1963

B-150674: Mar 4, 1963

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TO FARMERS TOOL AND SUPPLY CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 17. THE BASIS OF YOUR PROTEST IS THAT THE BID OF HOUSTON WAS CONDITIONED ON FURNISHING TWO PRODUCTION SAMPLES INSTEAD OF THE FIVE SAMPLES REQUIRED BY THE INVITATION. IN VIEW OF THE FACT THAT SUBSEQUENT TO YOUR LETTER THE CONTRACTING OFFICER DECIDED TO CANCEL THE INVITATION AND TO READVERTISE THE PROCUREMENT IT IS UNNECESSARY TO CONSIDER YOUR PROTEST ON ITS MERITS. IN THIS REGARD WE HAVE CONCLUDED THAT THE ACTION OF THE CONTRACTING OFFICER WAS PROPER.

B-150674, MAR. 4, 1963

TO FARMERS TOOL AND SUPPLY CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 17, 1963, PROTESTING THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. 195- 307-63 (K) ISSUED BY THE U.S. NAVY ORDNANCE SUPPLY OFFICE, MECHANICSBURG, PENNSYLVANIA.

IN YOUR LETTER OF JANUARY 17, 1963, YOU PROTEST THE POSSIBLE AWARD OF A CONTRACT UNDER THE ORIGINAL INVITATION TO THE APPARENTLY LOW BIDDER, HOUSTON FEARLESS CORPORATION, PACIFIC DIVISION. THE BASIS OF YOUR PROTEST IS THAT THE BID OF HOUSTON WAS CONDITIONED ON FURNISHING TWO PRODUCTION SAMPLES INSTEAD OF THE FIVE SAMPLES REQUIRED BY THE INVITATION. IN VIEW OF THE FACT THAT SUBSEQUENT TO YOUR LETTER THE CONTRACTING OFFICER DECIDED TO CANCEL THE INVITATION AND TO READVERTISE THE PROCUREMENT IT IS UNNECESSARY TO CONSIDER YOUR PROTEST ON ITS MERITS. IN THIS REGARD WE HAVE CONCLUDED THAT THE ACTION OF THE CONTRACTING OFFICER WAS PROPER.

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