B-127947, JUN. 5, 1956

B-127947: Jun 5, 1956

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INC.: REFERENCE IS MADE TO YOUR LETTER OF MAY 14. WE HAVE RECEIVED ADVICE FROM THE AIR FORCE FINANCE CENTER. THAT BY REASON OF YOUR UNSATISFACTORY PERFORMANCE RECORD UNDER SEVERAL GOVERNMENT CONTRACTS WHICH HERETOFORE HAVE BEEN AWARDED YOU. THIS ACTION WAS TAKEN PURSUANT TO SECTION I. SINCE THE ADMINISTRATIVE ACTION IN CONNECTION WITH YOUR DEBARMENT APPEARS TO HAVE BEEN JUSTIFIED BY THE FACTS REPORTED. SINCE IT IS RECOGNIZED THAT MATTERS INVOLVING THE ELIGIBILITY OF A BIDDER TO RECEIVE AN AWARD OF A GOVERNMENT CONTRACT LIE PRIMARILY WITHIN THE JURISDICTION OF THE PARTICULAR DEPARTMENT CONCERNED. THERE IS NO ACTION WHICH WE MAY TAKE WITH RESPECT TO YOUR COMPLAINT.

B-127947, JUN. 5, 1956

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1956, WITH ENCLOSURES, PROTESTING THE ACTION OF THE KELLY AIR FORCE BASE, TEXAS, IN HAVING FAILED TO AWARD YOU A CONTRACT ON YOUR BID UNDER INVITATION FOR BIDS NO. 41-608- 56-221, OPENED MARCH 20, 1956.

THE MATTER OF YOUR PROTEST HAS NOT, AS YET, BEEN REFERRED TO US BY THE ADMINISTRATIVE OFFICE CONCERNED. HOWEVER, WE HAVE RECEIVED ADVICE FROM THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, THAT BY REASON OF YOUR UNSATISFACTORY PERFORMANCE RECORD UNDER SEVERAL GOVERNMENT CONTRACTS WHICH HERETOFORE HAVE BEEN AWARDED YOU, THE DEPARTMENT OF THE AIR FORCE HAS DEBARRED YOU FOR A PERIOD OF THREE YEARS COMMENCING MAY 14, 1956, FROM RECEIVING ANY FURTHER AWARDS OF CONTRACTS FROM ANY AGENCY OF THE DEPARTMENT OF DEFENSE. THIS ACTION WAS TAKEN PURSUANT TO SECTION I, PARAGRAPH 1-604, OF THE ARMED SERVICES PROCUREMENT REGULATIONS, WHICH AUTHORIZES THE SECRETARY OF ANY OF THE DEPARTMENTS OF THE DEFENSE ESTABLISHMENT, WITHIN HIS DISCRETION, TO DEBAR A PERSON, FIRM, OR CORPORATION FROM CONTRACTING WITH HIS DEPARTMENT FOR CERTAIN REASONS, INCLUDING:

"1-604.1-/B)

"/1) WILFUL FAILURE TO DELIVER IN ACCORDANCE WITH THE SPECIFICATIONS OR WITHIN THE TERMS OF DELIVERY PROVIDED IN A CONTRACT.

"/2) A HISTORY OF FAILURE TO PERFORM OR OF UNSATISFACTORY PERFORMANCE IN ACCORDANCE WITH THE TERMS OF ONE OR MORE CONTRACTS * * *.'

SINCE THE ADMINISTRATIVE ACTION IN CONNECTION WITH YOUR DEBARMENT APPEARS TO HAVE BEEN JUSTIFIED BY THE FACTS REPORTED, AND MOREOVER, SINCE IT IS RECOGNIZED THAT MATTERS INVOLVING THE ELIGIBILITY OF A BIDDER TO RECEIVE AN AWARD OF A GOVERNMENT CONTRACT LIE PRIMARILY WITHIN THE JURISDICTION OF THE PARTICULAR DEPARTMENT CONCERNED, THERE IS NO ACTION WHICH WE MAY TAKE WITH RESPECT TO YOUR COMPLAINT. SEE 34 COMP. GEN. 86; 20 ID. 862.