Comments on the Protest of the National Billiard Manufacturing Company
A-55035
May 19, 1934
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Highlights
GAO provided comments regarding the protest of the National Billiard Manufacturing Company of Cincinnati, Ohio. GAO determined that administrative and contracting officers, acting for and in behalf of the United States, are without authority to accept other than the bid of the lowest bidder offering supplies meeting the stipulated conditions and that the acceptance of other than the lowest bid can not obligate the United States to pay any sum in excess of the amount of the lowest bid.
GAO determined that it appeared that the explanation of the award to other than the low bidder is not satisfactory, nor sufficient to justify a departure from the established rule in the award of Government contracts. GAO advised that the report supplied no facts justifying rejection of the low bid with resulting excess cost to the Government, and no facts showing that any expenditure for billiard tables was a lawful use of the appropriation made for carrying out the purposes of the "Tennessee Valley Authority Act of 1933."
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Edward (Ed) Goldstein
Managing Associate General Counsel
Office of the General Counsel