B-124390, NOV. 1, 1955
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 23. ALSO REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 18. SUCH PROTEST WAS THE SUBJECT OF OUR DECISION OF SEPTEMBER 2. HOLDING THAT THERE WAS NO BASIS UPON WHICH WE WOULD BE WARRANTED IN QUESTIONING THE ACTION OF THE LIBRARIAN IN AWARDING THE CONTRACT TO THE LOWEST ACCEPTABLE BIDDER. A COPY OF THIS SUPPLEMENTAL REPORT IS ENCLOSED FOR YOUR INFORMATION. PROVIDES THAT THE LIBRARIAN SHALL GIVE PREFERENCE TO NON-PROFIT MAKING INSTITUTIONS OR AGENCIES WHOSE ACTIVITIES ARE PRIMARILY CONCERNED WITH THE BLIND IN ALL CASES WHERE THE PRICES OR BIDS SUBMITTED BY SUCH INSTITUTIONS OR AGENCIES ARE. THE DETERMINATION MADE BY THE LIBRARIAN INCIDENT TO THIS PROCUREMENT IS NOT CONTRARY TO THE APPLICABLE STATUTE AND.
B-124390, NOV. 1, 1955
TO PENNSYLVANIA ASSOCIATION FOR THE BLIND, INC.:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 23, 1955, RELATIVE TO YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO THE DEWALD RADIO MANUFACTURING CORPORATION PURSUANT TO INVITATION NO. 56-3 ISSUED BY THE LIBRARY OF CONGRESS. ALSO REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 18, 1955, IN FURTHER REFERENCE TO THIS MATTER. SUCH PROTEST WAS THE SUBJECT OF OUR DECISION OF SEPTEMBER 2, 1955, B-124390, TO YOU, HOLDING THAT THERE WAS NO BASIS UPON WHICH WE WOULD BE WARRANTED IN QUESTIONING THE ACTION OF THE LIBRARIAN IN AWARDING THE CONTRACT TO THE LOWEST ACCEPTABLE BIDDER.
IN RESPONSE TO OUR REQUEST, THE LIBRARIAN OF CONGRESS NOW HAS FURNISHED A SUPPLEMENTAL REPORT CONCERNING THE VARIOUS STATEMENTS IN YOUR LETTER OF SEPTEMBER 23, 1955. A COPY OF THIS SUPPLEMENTAL REPORT IS ENCLOSED FOR YOUR INFORMATION.
WHILE THE LIBRARIAN DISPUTES SOME OF YOUR STATEMENTS AND EXPLAINS THE BASES FOR THE ACTION OR POLICY OF THE LIBRARY AS TO OTHERS, NEITHER YOUR LETTER OF SEPTEMBER 23, 1955, NOR YOUR LETTER OF OCTOBER 18, FORMS ANY BASIS FOR OUR OBJECTION TO THE PROCUREMENT PROCEDURE FOLLOWED BY THE LIBRARIAN IN THIS MATTER. THE ACT OF AUGUST 8, 1946, 60 STAT. 908, REFERRED TO IN YOUR PROTEST, PROVIDES THAT THE LIBRARIAN SHALL GIVE PREFERENCE TO NON-PROFIT MAKING INSTITUTIONS OR AGENCIES WHOSE ACTIVITIES ARE PRIMARILY CONCERNED WITH THE BLIND IN ALL CASES WHERE THE PRICES OR BIDS SUBMITTED BY SUCH INSTITUTIONS OR AGENCIES ARE, UNDER ALL THE FACTS AND CIRCUMSTANCES, DETERMINED BY HIM TO BE FAIR AND REASONABLE. THE DETERMINATION MADE BY THE LIBRARIAN INCIDENT TO THIS PROCUREMENT IS NOT CONTRARY TO THE APPLICABLE STATUTE AND, AS STATED IN OUR DECISION OF SEPTEMBER 2, 1955, IS NOT SUBJECT TO REVIEW BY OUR OFFICE, IN THE ABSENCE OF A CLEAR SHOWING OF BAD FAITH OR A COMPLETE DISREGARD OF THE FACTS.
THE STATEMENTS IN YOUR LETTER OF OCTOBER 18, 1955, WITH RESPECT TO THE AWARD OF ADDITIONAL TALKING BOOK MACHINES TO YOUR AGENCY ARE MATTERS FOR CONSIDERATION BY THE LIBRARY OF CONGRESS AND ARE NOT MATTERS AS TO WHICH THIS OFFICE MAY TAKE ANY ACTION. IN VIEW OF THE INFORMATION NOW OF RECORD IT MUST BE HELD THAT THE ACTION PREVIOUSLY TAKEN ON YOUR PROTEST WAS PROPER.