B-167378, DEC. 8, 1969
Highlights
INCORPORATED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 29. YOUR BID WAS REJECTED ON THE BASIS OF THE CONTRACTING OFFICER'S DETERMINATION OF AUGUST 8. THAT YOUR FIRM WAS NOT A RESPONSIBLE PROSPECTIVE CONTRACTOR WITHIN THE MEANING OF APPLICABLE REGULATIONS. IN SUPPORT OF THESE CONTENTIONS YOU HAVE SUBMITTED A COPY OF THE INVESTIGATIVE REPORT OF LT. WE STATED THAT THE RECORD FURNISHED BY THE DEPARTMENT OF THE ARMY PROVIDED NO BASIS FOR OUR OFFICE TO OBJECT TO THE CONTRACTING OFFICER'S DETERMINATION THAT YOUR FIRM WAS NOT A RESPONSIBLE PROSPECTIVE CONTRACTOR FOR THE PROCUREMENT THERE UNDER CONSIDERATION. COLONEL WILLIAM'S INVESTIGATION WHICH WAS UNDERTAKEN AS A RESULT OF YOUR CHARGES CONCERNING A DETERMINATION OF NONRESPONSIBILITY DATED MARCH 10.
B-167378, DEC. 8, 1969
TO FEDERAL CONTRACTORS, INCORPORATED:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 29, 1969, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION OF OCTOBER 14, 1969, DENYING THE PROTEST AGAINST REJECTION OF YOUR LOW BID UNDER INVITATION FOR BIDS NO. DABF15-69-B-0201. YOUR BID WAS REJECTED ON THE BASIS OF THE CONTRACTING OFFICER'S DETERMINATION OF AUGUST 8, 1969, THAT YOUR FIRM WAS NOT A RESPONSIBLE PROSPECTIVE CONTRACTOR WITHIN THE MEANING OF APPLICABLE REGULATIONS.
YOU CONTEND THAT THE CONTRACTING OFFICER "DID NOT ACT WITH INTEGRITY OR IN A PRUDENT AND REASONABLE MANNER. AND THAT CERTAIN GOVERNMENT REPRESENTATIVES ACTED IN A CONSPIRACY. ...' IN SUPPORT OF THESE CONTENTIONS YOU HAVE SUBMITTED A COPY OF THE INVESTIGATIVE REPORT OF LT. COLONEL L. A. WILLIAMS DATED MAY 27, 1969, LETTERS CONCERNING CHARGES OF RACIAL AND JOB DISCRIMINATION, AND LETTERS CONCERNING PERFORMANCE UNDER CONTRACT NUMBERS DABF15-68-C-0361, D-0547, AND C 0612.
IN OUR DECISION OF OCTOBER 14, 1969, WE STATED THAT THE RECORD FURNISHED BY THE DEPARTMENT OF THE ARMY PROVIDED NO BASIS FOR OUR OFFICE TO OBJECT TO THE CONTRACTING OFFICER'S DETERMINATION THAT YOUR FIRM WAS NOT A RESPONSIBLE PROSPECTIVE CONTRACTOR FOR THE PROCUREMENT THERE UNDER CONSIDERATION. THE "RECORD" REFERRED TO INCLUDED A COPY OF LT. COLONEL WILLIAM'S INVESTIGATION WHICH WAS UNDERTAKEN AS A RESULT OF YOUR CHARGES CONCERNING A DETERMINATION OF NONRESPONSIBILITY DATED MARCH 10, 1969, UNDER INVITATION FOR BIDS NO. DABF15-69-B-0105. BOTH DETERMINATIONS WERE MADE BY THE SAME CONTRACTING OFFICER. THE CHARGES MADE BY YOU CONCERNING THE MARCH 10 DETERMINATION WERE ESSENTIALLY THE SAME AS THOSE YOU ARE NOW MAKING. ALTHOUGH LT. COLONEL WILLIAMS CONCLUDED THAT THERE WAS SUBSTANCE TO CERTAIN OF YOUR CHARGES, FOR WHICH HE RECOMMENDED CORRECTIVE ACTION, HE FOUND THAT "THE DETERMINATION WAS MADE IN GOOD FAITH AND SUBSTANTIAL EVIDENCE DID EXIST: THEREFORE, THE DETERMINATION OF NON-RESPONSIBILITY IS VALID.'
IN ADDITION TO THE DETERMINATION OF MARCH 10, 1969, AND THE INVESTIGATION REPORT OF MAY 27, 1969, THE RECORD BEFORE US AT THE TIME OF THE DECISION OF OCTOBER 14, 1969, INCLUDED OTHER INFORMATION BEARING ON YOUR FIRM'S PAST PERFORMANCE WHICH, IN OUR OPINION, SUPPORTS THE CONTRACTING OFFICER'S DETERMINATION OF NONRESPONSIBILITY UNDER THE SUBJECT INVITATION. AS TO YOUR CHARGES CONCERNING RACIAL AND JOB DISCRIMINATION AGAINST ONE OF YOUR EMPLOYEES, WE NOTE THAT THE OFFICE OF FEDERAL CONTRACT COMPLIANCE, U.S. DEPARTMENT OF LABOR, IS MAKING AN INVESTIGATION.
IN VIEW OF THE FOREGOING, OUR DECISION OF OCTOBER 14, 1969, IS AFFIRMED.