B-132266, SEP. 16, 1957

B-132266, SEP. 16, 1957

TO THE PROTECTOWIRE SALES AND SERVICE COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 14, 1957, IN RESPONSE TO OUR LETTER OF AUGUST 12, 1957, IN WHICH YOU WERE ADVISED THAT WE WOULD NOT BE JUSTIFIED IN HOLDING THAT THE ADMINISTRATIVE ACTION IN REJECTING YOUR BID FOR FURNISHING EQUIPMENT PURSUANT TO INVITATION NO. ENG-44-009-57-47 WAS ILLEGAL OR IMPROPER.

IN REITERATING THE BASES FOR YOUR PROTEST, YOU TAKE ISSUE WITH CERTAIN OF THE STATEMENTS CONTAINED IN THE REPORT FURNISHED OUR OFFICE BY THE ASSISTANT SECRETARY OF THE ARMY. OUR OFFICE, OF COURSE, HAS NO FIRST-HAND KNOWLEDGE OF THE NEGOTIATIONS PRELIMINARY TO THE AWARD OF THE CONTRACT INVOLVED AND MUST, OF NECESSITY, RELY ON THE FACTS AS ADMINISTRATIVELY REPORTED IN THE ABSENCE OF EVIDENCE SUCH AS WOULD OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. YOUR STATEMENTS WERE HERETOFORE CONSIDERED BY THE DEPARTMENT OF THE ARMY.

YOU WERE ADVISED IN OUR LETTER OF AUGUST 12, 1957, THAT THE RESPONSIBILITY AND CAPABILITY OF BIDDERS AND THE RESPONSIVENESS OF BIDS ARE PRIMARILY MATTERS FOR DETERMINATION BY THE CONTRACTING AGENCY AND, SINCE IT APPEARED THAT THERE WERE ADEQUATE REASONS FOR THE REJECTION OF YOUR BID, THERE WAS NO PROPER BASIS FOR US TO TAKE ANY ACTION IN CONNECTION WITH THE MATTER. LIKEWISE, THE QUESTION AS TO THE HONESTY AND INTEGRITY OF DEPARTMENT OF THE ARMY EMPLOYEES REFERRED TO IN YOUR LETTER IS A MATTER FOR CONSIDERATION BY THE ADMINISTRATIVE OFFICE. SINCE YOUR PROTEST WAS CONSIDERED BY THE ASSISTANT SECRETARY OF THE ARMY AND SINCE NO EVIDENCE IS ADDITION TO THAT ..END :