B-116063, DEC 28, 1953

B-116063, DEC 28, 1953

PRECIS-UNAVAILABLE

MANHATTAN LIGHTING EQUIPMENT COMPANY, INC.:

FURTHER REFERENCE IS MADE TO YOUR RECENT CORRESPONDENCE, WITH ENCLOSURES, RELATIVE TO YOUR PROTEST AGAINST THE REJECTION OF YOUR BIDS BY THE DEPARTMENT OF THE AIR FORCE.

PURSUANT TO REQUEST OF THIS OFFICE, THERE NOW HAS BEEN RECEIVED A REPORT FROM THE DEPARTMENT OF THE AIR FORCE WHICH SETS FORTH THE SPECIFIC REASONS FOR THE DEPARTMENT'S ACTION IN DISREGARDING YOUR BIDS SUBMITTED IN RESPONSE TO INVITATIONS ISSUED BY THE DEPARTMENT. THE REPORT SHOWS THAT IN CERTAIN INSTANCES THE DEPARTMENT HAS FOUND IT NECESSARY TO REJECT YOUR BIDS BECAUSE OF UNFAVORABLE FACILITY CAPABILITY REPORTS AND THAT YOU ARE CONTINUING A POLICY OF INDIFFERENCE TO THE REQUIREMENTS OF THE DEPARTMENT IN THE MATTER OF ESTABLISHING YOUR ABILITY TO PERFORM FAITHFULLY YOUR CONTRACTUAL OBLIGATIONS.

SECTION 3(B) OF THE ARMED SERVICES PROCUREMENT ACT OF 1947, 62 STAT. 21, 23, REQUIRES THAT AWARDS OF CONTRACTS BE MADE TO THAT RESPONSIBLE BIDDER WHOSE BID, CONFORMING TO THE INVITATION FOR BIDS, WILL BE MOST ADVANTAGEOUS TO THE GOVERNMENT, PRICE AND OTHER FACTORS CONSIDERED. THE TERM "RESPONSIBLE BIDDER" IS DEFINED IN PARAGRAPH 2-406.1 OF THE ARMED SERVICES PROCUREMENT REGULATION AS A BIDDER WHO IS A MANUFACTURER OR REGULAR DEALER, AS DEFINED IN PARAGRAPH 1-201.9 OF THE REGULATIONS; IS FINANCIALLY AND OTHERWISE ABLE TO PERFORM THE CONTRACT; AND IS OTHERWISE QUALIFIED AND ELIGIBLE BY LAW AND UNDER THE REGULATION.

SOME OF THE ADDITIONAL FACTORS THAT MAY BE CONSIDERED IN MAKING AWARD ARE SET FORTH IN PARAGRAPH 2-406.3 OF THE REGULATION AS JUDGMENT, SKILL, AND INTEGRITY OF A BIDDER; REPUTATION AND EXPERIENCE OF THE BIDDER; PRIOR WORK OF A SIMILAR NATURE DONE BY HIM; AND FORESEEABLE COSTS OR DELAYS TO THE GOVERNMENT RESULTING FROM DIFFERENCES IN INSPECTION, SHIPPING, LOCATION OF SUPPLIES; ETC.

THE RECORDS OF THIS OFFICE SHOW THAT DURING THE PAST 10 YEARS YOU HAVE REPEATEDLY COMPLAINED TO THE VARIOUS ADMINISTRATIVE AGENCIES OF THE GOVERNMENT AND TO THIS OFFICE OF UNFAIR TREATMENT AT THE HANDS OF THE AGENCIES AND THAT YOUR REQUESTS FOR RELIEF HAVE ALMOST INVARIABLY BEEN DENIED ON THE BASIS THAT YOU HAD CONSISTENTLY FAILED TO MEET THE GOVERNMENT'S REQUIREMENTS AND WERE UNRELIABLE IN THE PERFORMANCE OF YOUR CONTRACT OBLIGATIONS.

ACCORDINGLY, SINCE IT HAS BEEN DETERMINED REPEATEDLY THAT YOU ARE NOT A RESPONSIBLE BIDDER AS REQUIRED BY LAW, NO ACTION WILL BE TAKEN ON FUTURE COMPLAINTS OF A SIMILAR NATURE SUBMITTED BY YOUR COMPANY UNLESS YOU FURNISH DOCUMENTARY EVIDENCE OF IRREGULARITY OR ILLEGALITY ON THE PART OF THE AGENCY AWARDING THE CONTRACTS.