B-152339, OCT. 10, 1963

B-152339, OCT. 10, 1963

TO CONEX DIVISION, ILLINOIS TOOL WORKS, INC.:

REFERENCE IS MADE TO YOUR TELEGRAM DATED AUGUST 21, 1963, AND LETTER DATED AUGUST 26, 1963, PROTESTING AGAINST THE CONSIDERATION OF A BID SUBMITTED BY THE PRY PLASTICS COMPANY, DENMARK, IOWA, UNDER INVITATION FOR BIDS NO. M7-18-64 ISSUED BY THE VETERANS ADMINISTRATION.

THE SUBJECT INVITATION FOR BIDS WAS ISSUED ON JULY 25, 1963, AND CALLED FOR BIDS ON FURNISHING VARIOUS QUANTITIES AND TYPES OF PAPER AND PLASTIC CUPS. THE RECORD SHOWS THAT PRY PLASTICS SUBMITTED THE LOWEST BID ON ITEM NUMBERS 38 THROUGH 55 (FOB ORIGIN) AND 70 THROUGH 87 (FOB DESTINATION). YOUR PROTEST AGAINST THE CONSIDERATION OF PRY PLASTICS' BID IS BASED ON YOUR CONTENTION THAT PRY PLASTICS CANNOT BE CONSIDERED A RESPONSIBLE BIDDER.

THE VETERANS ADMINISTRATION REPORTS THAT PRIOR TO YOUR PROTEST, THE CONTRACTING OFFICER (ON AUGUST 15 AND 16) PERFORMED A PREAWARD ON-SITE EVALUATION OF PRY PLASTICS COMPANY AND ITS BID WAS REJECTED BECAUSE IT WAS DETERMINED TO BE A NONRESPONSIBLE BIDDER. IT FURTHER APPEARS THAT YOUR COMPANY RECEIVED AWARDS ON SOME OF THE ITEMS UPON WHICH PRY PLASTICS COMPANY WAS THE LOW BIDDER. IN VIEW OF THE FOREGOING, THE QUESTIONS RAISED BY YOUR PROTEST ARE ACADEMIC AND NEED NOT BE RESOLVED. ACCORDINGLY, AS OF TODAY, WE ARE CLOSING OUR FILES ON THE MATTER.