B-144266, OCT. 25, 1960

B-144266: Oct 25, 1960

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INC.: REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 13 AND 19. IFB-155-/7-6/-3937-60 AND PROTESTING AGAINST THAT OFFICER'S DETERMINATION TO REJECT YOUR BID ON THE BASIS THAT YOUR FIRM WAS NONRESPONSIBLE BECAUSE OF PRIOR DELINQUENT PERFORMANCE. AS WE HAVE ADVISED YOU ON MANY OCCASIONS. THE DETERMINATION OF BIDDER RESPONSIBILITY IS A MATTER OF JUDGMENT LEFT LARGELY TO THE SOUND ADMINISTRATIVE DISCRETION OF THE PROCUREMENT OFFICERS OF THE GOVERNMENT. SINCE THEY ARE IN THE BEST POSITION TO MAKE THAT ASSESSMENT. WE WILL NOT OBJECT TO THE DETERMINATION MADE.

B-144266, OCT. 25, 1960

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 13 AND 19, 1960, ENCLOSING COPIES OF CORRESPONDENCE WITH THE U.S. NAVY GENERAL STORES SUPPLY OFFICE PERTAINING TO INVITATION NO. IFB-155-/7-6/-3937-60 AND PROTESTING AGAINST THAT OFFICER'S DETERMINATION TO REJECT YOUR BID ON THE BASIS THAT YOUR FIRM WAS NONRESPONSIBLE BECAUSE OF PRIOR DELINQUENT PERFORMANCE.

AS WE HAVE ADVISED YOU ON MANY OCCASIONS, THE DETERMINATION OF BIDDER RESPONSIBILITY IS A MATTER OF JUDGMENT LEFT LARGELY TO THE SOUND ADMINISTRATIVE DISCRETION OF THE PROCUREMENT OFFICERS OF THE GOVERNMENT, SINCE THEY ARE IN THE BEST POSITION TO MAKE THAT ASSESSMENT. SINCE THE ADMINISTRATIVE DETERMINATION APPEARS TO BE NOT WITHOUT SOME FOUNDATION WE BELIEVE IT WOULD BE UNREASONABLE FOR US TO SUPERIMPOSE OUR JUDGMENT UPON THEIRS. SEE PARTICULARLY OUR LETTER TO YOU DATED OCTOBER 20, 1960, B- 142401. THEREFORE, WE WILL NOT OBJECT TO THE DETERMINATION MADE.

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