B-132832, FEB. 27, 1958

B-132832: Feb 27, 1958

Additional Materials:

Contact:

Julie Matta
(202) 512-4023
MattaJ@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

INC.: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE ACTION OF THE DISTRICT ENGINEER. YOUR PROTEST WAS THE SUBJECT OF OUR DECISION OF SEPTEMBER 25. THIS FILE WHEREIN YOU WERE ADVISED THAT IN THE CIRCUMSTANCES STATED THERE APPEARED NO LEGAL BASIS FOR DISAGREEING WITH THE CONTRACTING OFFICER'S DETERMINATION THAT YOU DID NOT QUALIFY AS A RESPONSIBLE CONTRACTOR FOR THIS PARTICULAR PROCUREMENT. AS YOU PREVIOUSLY WERE ADVISED IN OUR DECISION OF SEPTEMBER 25. THE FUNCTION OF DETERMINING WHETHER A PARTICULAR PERSON OR FIRM IS A RESPONSIBLE BIDDER. IS ESSENTIALLY AN ADMINISTRATIVE ONE INVOLVING THE DETERMINATION OF SUCH FACTUAL ISSUES AS THE BIDDER'S REPUTATION FOR PAST PERFORMANCE. AFTER A THOROUGH INVESTIGATION HAS DETERMINED THAT YOU DID NOT QUALIFY AS A RESPONSIBLE BIDDER IN THIS INSTANCE IS A MATTER LYING SOLELY WITHIN THE DISCRETION OF THAT DEPARTMENT.

B-132832, FEB. 27, 1958

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE ACTION OF THE DISTRICT ENGINEER, U.S. ARMY ENGINEER DISTRICT, PHILADELPHIA, PENNSYLVANIA, IN HAVING REJECTED YOUR LOW BID SUBMITTED IN RESPONSE TO INVITATION NO. CIVENG-36-109-58-6, DATED JULY 11, 1957.

YOUR PROTEST WAS THE SUBJECT OF OUR DECISION OF SEPTEMBER 25, 1957, THIS FILE WHEREIN YOU WERE ADVISED THAT IN THE CIRCUMSTANCES STATED THERE APPEARED NO LEGAL BASIS FOR DISAGREEING WITH THE CONTRACTING OFFICER'S DETERMINATION THAT YOU DID NOT QUALIFY AS A RESPONSIBLE CONTRACTOR FOR THIS PARTICULAR PROCUREMENT.

AS YOU PREVIOUSLY WERE ADVISED IN OUR DECISION OF SEPTEMBER 25, 1957, THE FUNCTION OF DETERMINING WHETHER A PARTICULAR PERSON OR FIRM IS A RESPONSIBLE BIDDER, WITHIN THE INTENT AND MEANING OF THE ADVERTISING STATUTES OF THE UNITED STATES, AND THUS ELIGIBLE TO RECEIVE AN AWARD OF GOVERNMENT CONTRACTS, IS ESSENTIALLY AN ADMINISTRATIVE ONE INVOLVING THE DETERMINATION OF SUCH FACTUAL ISSUES AS THE BIDDER'S REPUTATION FOR PAST PERFORMANCE, HIS OVER-ALL EXPERIENCE IN THE PARTICULAR INDUSTRY INVOLVED, HIS PLANT FACILITIES AND EQUIPMENT, INTEGRITY, FINANCIAL RESPONSIBILITY, AND LIKE CONSIDERATIONS, SUCH AS CAN BE DETERMINED ONLY BY, AND TO THE SATISFACTION OF, THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT ACTIVITY DIRECTLY CONCERNED. SEE O-BRIEN V. CARNEY, 6 F.SUPP. 761, 762; 14 COMP. GEN. 305; 34 ID. 86.

THE FACT THAT THE DEPARTMENT OF THE ARMY, AFTER A THOROUGH INVESTIGATION HAS DETERMINED THAT YOU DID NOT QUALIFY AS A RESPONSIBLE BIDDER IN THIS INSTANCE IS A MATTER LYING SOLELY WITHIN THE DISCRETION OF THAT DEPARTMENT, AND WE WOULD NOT BE JUSTIFIED IN DISTURBING THEIR ACTION EXCEPT UPON A CLEAR SHOWING OF BAD FAITH UPON THEIR PART OR THAT THEIR ACTION WAS NOT IN ACCORDANCE WITH APPLICABLE REGULATIONS.

Apr 24, 2018

Apr 23, 2018

Apr 20, 2018

Apr 18, 2018

Looking for more? Browse all our products here