B-171536(2), AUG 6, 1971

B-171536(2): Aug 6, 1971

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WAS NOT NOTIFIED OF THE REJECTION OF THEIR BID DOES NOT PROVIDE A BASIS FOR CHALLENGING THE VALIDITY OF THE AWARD. THIS WAS A VIOLATION OF FPR 1 2.408(A)(1) AND STEPS SHOULD BE TAKEN TO PREVENT SUCH OCCURRENCES IN THE FUTURE. KUNZIG: REFERENCE IS MADE TO THE LETTER OF JUNE 16. WE ARE ENCLOSING A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. THE RECORD INDICATES THAT ARO WAS AWARDED ITEMS NOS. 8. AIR SPEED APPARENTLY WAS NOT ADVISED THAT ITS BID FOR THESE ITEMS. WAS REJECTED AS NONRESPONSIVE UNTIL FEBRUARY 26. WE ARE BRINGING THE MATTER TO YOUR ATTENTION FOR FUTURE PROCUREMENTS SO THAT APPROPRIATE STEPS MAY BE TAKEN TO ASSURE THAT UNSUCCESSFUL LOWER BIDDERS WILL BE PROMPTLY NOTIFIED OF THE REJECTION OF THEIR BIDS.

B-171536(2), AUG 6, 1971

BID PROTEST - FAILURE OF NOTICE OF AWARD LETTER ENCLOSING COPY OF DECISION DENYING PROTEST BY AIR SPEED TOOL COMPANY AGAINST AWARD OF A CONTRACT UNDER AN IFB ISSUED BY THE FEDERAL SUPPLY SERVICE. WHILE THE FACT THAT AIR SPEED, THE UNSUCCESSFUL LOW BIDDER, WAS NOT NOTIFIED OF THE REJECTION OF THEIR BID DOES NOT PROVIDE A BASIS FOR CHALLENGING THE VALIDITY OF THE AWARD, THIS WAS A VIOLATION OF FPR 1 2.408(A)(1) AND STEPS SHOULD BE TAKEN TO PREVENT SUCH OCCURRENCES IN THE FUTURE.

TO MR. KUNZIG:

REFERENCE IS MADE TO THE LETTER OF JUNE 16, 1971, FROM YOUR GENERAL COUNSEL, CONCERNING A PROTEST BY AIR SPEED TOOL COMPANY, AGAINST CERTAIN AWARDS MADE UNDER SOLICITATION NO. FPNTP-B6-18729-A, ISSUED BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION (GSA). WE ARE ENCLOSING A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST.

THE RECORD INDICATES THAT ARO WAS AWARDED ITEMS NOS. 8, 9 AND 13 ON JANUARY 25, 1971. AIR SPEED APPARENTLY WAS NOT ADVISED THAT ITS BID FOR THESE ITEMS, AMONG OTHERS, WAS REJECTED AS NONRESPONSIVE UNTIL FEBRUARY 26, 1971. FEDERAL PROCUREMENT REGULATIONS (FPR) 1-2.408(A)(1) PROVIDES FOR PROMPT NOTICE TO UNSUCCESSFUL LOWER BIDDERS OF THE REJECTION OF THEIR BIDS. WE DO NOT THINK THE NOTICE IN THIS CASE COMPLIED WITH THIS REQUIREMENT OF FPR. WHILE THIS DOES NOT CONSTITUTE A BASIS FOR QUESTIONING THE VALIDITY OF THE AWARD, WE ARE BRINGING THE MATTER TO YOUR ATTENTION FOR FUTURE PROCUREMENTS SO THAT APPROPRIATE STEPS MAY BE TAKEN TO ASSURE THAT UNSUCCESSFUL LOWER BIDDERS WILL BE PROMPTLY NOTIFIED OF THE REJECTION OF THEIR BIDS.

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