B-139516, JUL. 17, 1959
Highlights
PRESIDENT: WE HAVE YOUR LETTER OF JULY 10. THAT THE CORPS OF ENGINEERS DID NOT HAVE A JUSTIFIABLE BASIS ON WHICH TO DETERMINE THAT YOUR COMPANY WAS NOT A RESPONSIBLE BIDDER UNDER INVITATION NO. YOU HOPE THAT WE WILL BE ABLE TO ASSIST YOU IN OBTAINING THE RELIEF TO WHICH YOU FEEL YOU ARE ENTITLED. SINCE THE CONTRACT FOR THIS JOB WAS AWARDED TO ANOTHER CONCERN ON MAY 5. SINCE WE ARE INFORMED THAT THE CONTRACTOR RECEIVING THE AWARD HAS MADE SUBSTANTIAL COMMITMENTS AND IS PROCEEDING WITH PERFORMANCE. THE SITUATION IS SUCH THAT. WE ARE INITIATING AN INVESTIGATION OF THE ENTIRE CASE AND. ANY FURTHER ACTION ON OUR PART WILL BE DETERMINED BY THE RESULTS DISCLOSED BY THAT INVESTIGATION.
B-139516, JUL. 17, 1959
TO MR. JOSEPH HALPERN, PRESIDENT:
WE HAVE YOUR LETTER OF JULY 10, 1959, ENCLOSING A COPY OF A LETTER DATED APRIL 29, 1959, ADDRESSED TO YOU BY THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC.
YOU STATE THAT IN VIEW OF OUR OPINION, AS SET FORTH IN OUR DECISION OF JULY 1, 1959, THAT THE CORPS OF ENGINEERS DID NOT HAVE A JUSTIFIABLE BASIS ON WHICH TO DETERMINE THAT YOUR COMPANY WAS NOT A RESPONSIBLE BIDDER UNDER INVITATION NO. ENG-30-347-59-18, YOU HOPE THAT WE WILL BE ABLE TO ASSIST YOU IN OBTAINING THE RELIEF TO WHICH YOU FEEL YOU ARE ENTITLED.
AS WE STATED IN OUR DECISION, SINCE THE CONTRACT FOR THIS JOB WAS AWARDED TO ANOTHER CONCERN ON MAY 5, 1959, AND SINCE WE ARE INFORMED THAT THE CONTRACTOR RECEIVING THE AWARD HAS MADE SUBSTANTIAL COMMITMENTS AND IS PROCEEDING WITH PERFORMANCE, AND THAT AN URGENT NEED EXISTS FOR EARLY COMPLETION, THE SITUATION IS SUCH THAT, FROM A PRACTICAL STANDPOINT, WE WOULD NOT BE JUSTIFIED IN DIRECTING CANCELLATION OF THE CONTRACT, EITHER IN WHOLE OR IN PART, AS YOU REQUEST. HOWEVER, AS WE LATER ADVISED YOU IN OUR MEETINGS ON THE MATTER, WE ARE INITIATING AN INVESTIGATION OF THE ENTIRE CASE AND, OF COURSE, ANY FURTHER ACTION ON OUR PART WILL BE DETERMINED BY THE RESULTS DISCLOSED BY THAT INVESTIGATION.