B-145959, AUG. 29, 1961

B-145959: Aug 29, 1961

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THE ENCLOSURES TO THAT LETTER ARE RETURNED. WE ARE INCLINED TO THE VIEW THAT IN THE ABSENCE OF SOME INDICATION OF COMPLICITY ON THE PART OF THE LOW BIDDER IN SUCH A SITUATION HIS BID.

B-145959, AUG. 29, 1961

TO THE SECRETARY OF THE INTERIOR:

WE REFER TO THE LETTER OF JUNE 13, 1961, FROM THE ASSISTANT SECRETARY OF THE INTERIOR REGARDING THE PROTEST OF THE FANNER MANUFACTURING COMPANY AGAINST REJECTION OF ITS BIDS UNDER SCHEDULES 7 AND 8 OF BUREAU OF RECLAMATION INVITATIONS DS-5519 AND DS-5531.

THE ENCLOSURES TO THAT LETTER ARE RETURNED, AS REQUESTED, AND WE ALSO ENCLOSE A COPY OF OUR DECISION OF TODAY TO THE FARMER MANUFACTURING COMPANY. WHILE AS THEREIN STATED WE DO NOT FEEL THAT WE WOULD BE JUSTIFIED IN DISTURBING THE ACTION TAKEN IN THIS INSTANCE, WE ARE INCLINED TO THE VIEW THAT IN THE ABSENCE OF SOME INDICATION OF COMPLICITY ON THE PART OF THE LOW BIDDER IN SUCH A SITUATION HIS BID, IF FAIR AND REASONABLE, SHOULD ORDINARILY NOT BE REJECTED MERELY BECAUSE OF IDENTICAL BIDS BY OTHER BIDDERS.

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