B-124790, DEC. 1, 1955

B-124790: Dec 1, 1955

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CO.: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 14. SUCH PROTEST WAS THE SUBJECT OF OUR DECISION OF OCTOBER 12. HOLDING THAT THERE WAS NO BASIS UPON WHICH OUR OFFICE WOULD BE JUSTIFIED IN RAISING ANY OBJECTION TO THE ADMINISTRATIVE PROCEDURE FOLLOWED IN THE MATTER. YOU AGREE THAT OUR DECISION CONTAINS A FULL AND ESSENTIALLY FAIR STATEMENT OF THE FACTS INVOLVED IN THE CONTROVERSY AND THAT YOU HAVE NO EVIDENCE TO SUBMIT IN ADDITION TO THAT ALREADY CONSIDERED BY THE QUARTER- MASTER GENERAL. THE PRIMARY RESPONSIBILITY FOR BOTH THE ESTABLISHMENT AND THE CARRYING OUT OF PROCUREMENT POLICIES IS IN THE ADMINISTRATIVE AGENCY CONCERNED. IN THIS CASE IT APPEARS THAT YOUR ALLEGATIONS HAVE BEEN FULLY INVESTIGATED BY THE QUARTERMASTER GENERAL.

B-124790, DEC. 1, 1955

TO STEIN BROS. MFG. CO.:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 14, 1955, RELATIVE TO YOUR PROTEST OF JULY 20, 1955, AGAINST THE AWARD OF CERTAIN CONTRACTS FOR ARMOR VESTS TO L. W. FOSTER SPORTSWEAR CO., INC. SUCH PROTEST WAS THE SUBJECT OF OUR DECISION OF OCTOBER 12, 1955, B-124790, TO YOU, HOLDING THAT THERE WAS NO BASIS UPON WHICH OUR OFFICE WOULD BE JUSTIFIED IN RAISING ANY OBJECTION TO THE ADMINISTRATIVE PROCEDURE FOLLOWED IN THE MATTER.

YOU AGREE THAT OUR DECISION CONTAINS A FULL AND ESSENTIALLY FAIR STATEMENT OF THE FACTS INVOLVED IN THE CONTROVERSY AND THAT YOU HAVE NO EVIDENCE TO SUBMIT IN ADDITION TO THAT ALREADY CONSIDERED BY THE QUARTER- MASTER GENERAL. YOUR LETTER MERELY REITERATES YOUR SPECULATIONS AS TO THE MEANS BY WHICH THE FOSTER COMPANY SAVED THE QUANTITY OF MATERIAL ESTIMATED IN ITS CONTRACTS, AND A REEXAMINATION OF THE RECORD DISCLOSES NOTHING WHICH COULD BE ACCEPTED AS REQUIRING ANY FURTHER ACTION BY OUR OFFICE. INDICATED IN THE DECISION REFERRED TO, THE PRIMARY RESPONSIBILITY FOR BOTH THE ESTABLISHMENT AND THE CARRYING OUT OF PROCUREMENT POLICIES IS IN THE ADMINISTRATIVE AGENCY CONCERNED, AND WE DO NOT UNDERTAKE TO INTERFERE WITH THE EXERCISE OF ADMINISTRATIVE DISCRETION IN SUCH MATTERS EXCEPT FOR THE MOST COMPELLING REASONS. LIKEWISE AS TO DISPUTED QUESTIONS OF FACT WE ACCEPT THE DETERMINATIONS OF THE ADMINISTRATIVE OFFICERS IN THE ABSENCE OF CONVINCING EVIDENCE TO THE CONTRARY. IN THIS CASE IT APPEARS THAT YOUR ALLEGATIONS HAVE BEEN FULLY INVESTIGATED BY THE QUARTERMASTER GENERAL, AND THAT YOU HAVE BEEN UNABLE TO FURNISH CONVINCING PROOF TO OVERCOME HIS CONCLUSIONS, OR ANYTHING TO INDICATE THAT FURTHER INVESTIGATION BY OUR OFFICE WOULD BE LIKELY TO PRODUCE DIFFERENT RESULTS.

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