B-135296, APR. 1, 1958

B-135296, APR. 1, 1958

TO THE WOODHOUSE STATIONERY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 19, 1958, PROTESTING THE ACTION OF THE POST OFFICE DEPARTMENT IN REJECTING YOUR BID WHICH WAS SUBMITTED PURSUANT TO INVITATION NO. 441, ISSUED JANUARY 22, 1958.

BY THE REFERRED-TO INVITATION BIDS WERE REQUESTED--- TO BE OPENED AT 2 P.M., FEBRUARY 11, 1958--- FOR FURNISHING 3,700 LOOSE LEAF BINDERS. THE INVITATION PROVIDED THAT BIDDERS WOULD BE REQUIRED TO SUBMIT A SAMPLE OF THE BINDER PROPOSED TO BE FURNISHED AND THAT "SUFFICIENT TIME IS BEING ALLOWED FOR THE SUBMISSION OF THE REQUIRED SAMPLE, AND NO BID WILL BE CONSIDERED UNLESS THE SAMPLE IS RECEIVED NOT LATER THAN THE SCHEDULED TIME OF OPENING OF BIDS. * * *"

IN REGISTERING YOUR PROTEST YOU STATE THAT, FOLLOWING THE OPENING OF BIDS, YOU WERE REQUESTED TO FURNISH A SAMPLE OF THE BINDER YOU PROPOSED TO FURNISH BUT WERE NOT AFFORDED A REASONABLE TIME TO PRODUCE THE SAMPLE, AS A RESULT OF WHICH YOUR BID WAS DISQUALIFIED. YOU CONTEND THAT A BIDDER MAY NOT BE DISQUALIFIED FOR NOT SUBMITTING A SAMPLE AND THAT BIDDERS MUST BE GIVEN A REASONABLE TIME TO SUBMIT SUCH SAMPLES AFTER THE OPENING DATE.

IN A REPORT FURNISHED US BY THE POSTMASTER GENERAL IT IS STATED THAT YOU WERE REQUESTED TO FURNISH A SAMPLE UNDER THE INITIAL BELIEF THAT NONE OF THE SAMPLES FURNISHED BY THE THREE LOWER BIDDERS MET THE SPECIFICATIONS. IT WAS DETERMINED SUBSEQUENTLY, HOWEVER, THAT THE SAMPLES SUBMITTED BY STAR LOOSE LEAF COMPANY, INC., AND THE ELBE FILE AND BINDER COMPANY DID MEET THE SPECIFICATIONS, IN VIEW OF WHICH THE CHIEF OF PROCUREMENT PROPOSES TO AWARD THE CONTRACT TO STAR LOOSE LEAF COMPANY, THE LOWEST RESPONSIBLE BIDDER. IN THE CIRCUMSTANCES, THEREFORE, IT MUST BE CONCLUDED THAT YOUR PROTEST FURNISHES NO PROPER BASIS ON WHICH WE WOULD BE JUSTIFIED IN QUESTIONING THE ADMINISTRATIVE ACTION PROPOSED TO BE TAKEN IN THIS CASE.