B-126211, FEB. 27, 1956

B-126211, FEB. 27, 1956

TO J. F. DUSMAN CO.:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21, 1956, RELATIVE TO OUR LETTER OF JANUARY 9, 1956, IN WHICH YOU WERE ADVISED THAT YOUR PROTEST REGARDING THE REJECTION OF YOUR BID SUBMITTED IN RESPONSE TO INVITATION NO. 4201, ISSUED AUGUST 31, 1955, BY THE PROCUREMENT SECTION, BUREAU OF PRISONS, DEPARTMENT OF JUSTICE, IS WITHOUT SUFFICIENT LEGAL MERIT TO JUSTIFY OUR OBJECTING TO THE ADMINISTRATIVE ACTION TAKEN.

YOU STATE THAT YOU DO NOT QUESTION THE RIGHT OF THE GOVERNMENT TO REJECT BIDS BUT YOU CONTEND THAT, IN REJECTING YOUR BID, THE REPRESENTATIVES OF THE CONTRACTING AGENCY RESORTED TO FRAUD OR DECEPTION AS A RESULT OF WHICH YOU HAVE BEEN INJURED.

YOUR ALLEGATIONS HAVE BEEN CAREFULLY CONSIDERED IN THE LIGHT OF THE REPORT FURNISHED BY THE BUREAU OF PRISONS AND THERE APPEARS NOTHING WHICH WOULD REQUIRE THIS OFFICE TO PURSUE THE MATTER FURTHER. AS STATED IN OUR LETTER OF JANUARY 9, 1956, THE DECISION TO REJECT ALL BIDS SUBMITTED IN RESPONSE TO THIS INVITATION IS ONE WHICH LIES WITHIN THE PROVINCE OF THE CONTRACTING AGENCY. IN THE PRESENT CASE, THE FACT THAT NONE OF THE BIDDERS COMPLETELY MET THE SPECIFICATIONS WOULD, IN ITSELF, BE A JUSTIFIABLE REASON FOR REJECTION. SO FAR AS YOUR BID IS CONCERNED, YOU ADMITTEDLY DEVIATED FROM THE REQUIREMENTS OF THE SPECIFICATIONS BY OFFERING TO FURNISH SCREENS WITH HOLES IN STRAIGHT LINES RATHER THAN STAGGERED. HOWEVER THAT MAY BE, IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT IT SHOULD BE IN THE BEST INTEREST OF THE GOVERNMENT TO REJECT ALL BIDS AND READVERTISE THE NEEDS OF THE SERVICE AT WHICH TIME YOU WILL BE AFFORDED ANOTHER OPPORTUNITY TO BID. YOUR ALLEGATIONS ARE NOT SUFFICIENT TO OVERCOME THE PRESUMPTION THAT SUCH DETERMINATION WAS CORRECT AND PROPER.

ACCORDINGLY, YOU ARE ADVISED THAT INSOFAR AS OUR OFFICE IS CONCERNED, THE MATTER WILL BE CONSIDERED AS CLOSED.