B-150159, MAR. 12, 1963
Highlights
SIMMONS AND ASSOCIATES: REFERENCE IS MADE TO YOUR TELEGRAM DATED OCTOBER 22. FROM THE GENERAL SERVICES ADMINISTRATION WE HAVE BEEN INFORMED THAT ALL BIDS ON THE SUBJECT INVITATION FOR BIDS WERE REJECTED ON DECEMBER 13. REJECTION OF ALL BIDS WAS MADE PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303 (B) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949. THE EFFECTIVE DATE OF THE APPROPRIATION ACT WAS OCTOBER 3. WHICH DATE WAS SUBSEQUENT TO THE ISSUANCE OF THE INVITATION FOR BIDS BUT PRIOR TO THE DATE OF BID OPENING. THE GENERAL PROVISIONS OF THE INDEPENDENT OFFICES APPROPRIATION ACT FOR 1963 CONTAIN THE FOLLOWING RESTRICTIONS WITH RESPECT TO LEASE CONSTRUCTION APPLICABLE TO THE SUBJECT INVITATION: "NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE USED FOR THE PAYMENT OF RENTAL ON LEASE AGREEMENTS FOR THE ACCOMMODATION OF FEDERAL AGENCIES IN BUILDINGS AND IMPROVEMENTS WHICH ARE TO BE ERECTED BY THE LESSOR FOR SUCH AGENCIES AT AN ESTIMATED COST OF CONSTRUCTION IN EXCESS OF $200.
B-150159, MAR. 12, 1963
TO ROBERT F. SIMMONS AND ASSOCIATES:
REFERENCE IS MADE TO YOUR TELEGRAM DATED OCTOBER 22, 1962, PROTESTING AGAINST ANY AWARD UNDER INVITATION FOR BIDS NO. GS-5PR-1380 ISSUED BY THE GENERAL SERVICES ADMINISTRATION.
THE SUBJECT INVITATION FOR BIDS SPECIFIED A BID OPENING DATE OF OCTOBER 15, 1962, AND CALLED FOR FURNISHING 179,770 NET USABLE SQUARE FEET OF SPACE TO BE CONTAINED IN A NEW BUILDING TO BE CONSTRUCTED IN COVINGTON, KENTUCKY, FOR USE OF THE CINCINNATI REGIONAL SERVICE CENTER, INTERNAL REVENUE SERVICE.
BY LETTER DATED JANUARY 31, 1963, FROM THE GENERAL SERVICES ADMINISTRATION WE HAVE BEEN INFORMED THAT ALL BIDS ON THE SUBJECT INVITATION FOR BIDS WERE REJECTED ON DECEMBER 13, 1962. REJECTION OF ALL BIDS WAS MADE PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303 (B) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, 41 U.S.C. 253 (B), AND THE REQUIREMENTS OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1963, PUBLIC LAW 87-741, 76 STAT. 716. THE EFFECTIVE DATE OF THE APPROPRIATION ACT WAS OCTOBER 3, 1962, WHICH DATE WAS SUBSEQUENT TO THE ISSUANCE OF THE INVITATION FOR BIDS BUT PRIOR TO THE DATE OF BID OPENING. THE GENERAL PROVISIONS OF THE INDEPENDENT OFFICES APPROPRIATION ACT FOR 1963 CONTAIN THE FOLLOWING RESTRICTIONS WITH RESPECT TO LEASE CONSTRUCTION APPLICABLE TO THE SUBJECT INVITATION:
"NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE USED FOR THE PAYMENT OF RENTAL ON LEASE AGREEMENTS FOR THE ACCOMMODATION OF FEDERAL AGENCIES IN BUILDINGS AND IMPROVEMENTS WHICH ARE TO BE ERECTED BY THE LESSOR FOR SUCH AGENCIES AT AN ESTIMATED COST OF CONSTRUCTION IN EXCESS OF $200,000 OR FOR THE PAYMENT OF THE SALARY OF ANY PERSON WHO EXECUTES SUCH A LEASE AGREEMENT: PROVIDED, THAT THE FOREGOING PROVISO SHALL NOT BE APPLICABLE TO PROJECTS FOR WHICH A PROSPECTUS FOR THE LEASE CONSTRUCTION OF SPACES HAS BEEN SUBMITTED TO AND APPROVED BY THE APPROPRIATE COMMITTEES OF THE CONGRESS IN THE SAME MANNER AS FOR PUBLIC BUILDINGS CONSTRUCTION PROJECTS PURSUANT TO THE PUBLIC BUILDINGS ACT OF 1959.'
WE HAVE BEEN INFORMALLY ADVISED THAT THE ESTIMATED COST OF CONSTRUCTION OF THE BUILDING COVERED BY THE SUBJECT INVITATION FOR BIDS EXCEEDS THE $200,000 LIMITATION SPECIFIED BY THE APPROPRIATION ACT. THUS, REJECTION OF ALL BIDS WAS PROPER AND FURTHER ACTION BY THE GENERAL SERVICES ADMINISTRATION TO SATISFY THE SPACE REQUIREMENT AS EVIDENCED BY THE INVITATION MUST BE HELD IN ABEYANCE UNTIL THE PROJECT HAS BEEN APPROVED BY THE APPROPRIATE CONGRESSIONAL COMMITTEES.
IN VIEW OF THE FOREGOING, THE QUESTIONS RAISED BY YOUR PROTEST ARE NOW ACADEMIC AND NEED NOT BE RESOLVED. WE ARE THEREFORE CLOSING OUR FILES ON THE CASE.