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INC.: ACKNOWLEDGMENT IS MADE OF YOUR LETTER OF DECEMBER 3. AS TO WHICH YOU ALLEGEDLY WERE THE LOW BIDDER. BE THAT AS IT MAY THE RECORD OTHERWISE DISCLOSES THAT THIS AWARD WAS MADE TO THE HIGHEST BIDDER ON SEVERAL ITEMS OF THE INVITATION UPON THE BASIS OF ITS PROMISE OF DELIVERY WITHIN 7 TO 14 DAYS. IT HAS BEEN ADMINISTRATIVELY REPORTED THAT TIME OF DELIVERY WAS AN IMPORTANT FACTOR IN MAKING THE AWARD.

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B-118405, JAN. 27, 1956

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

ACKNOWLEDGMENT IS MADE OF YOUR LETTER OF DECEMBER 3, 1955, ENCLOSING COPY OF A COMMUNICATION DATED JANUARY 19, 1954, WHEREIN YOU PROTESTED THE AWARD PRESUMABLY MADE SOMETIME AROUND AUGUST 1953, BY THE STEWART AIR FORCE BASE, NEWBURGH, NEW YORK, IN FAVOR OF THE MORRIS PAINT AND HARDWARE COMPANY, INVOLVING CERTAIN ITEMS OF SUPPLIES COVERED BY INVITATION NO. 30- 603-54-1, AS TO WHICH YOU ALLEGEDLY WERE THE LOW BIDDER.

FROM THE FACTS PRESENTLY OF RECORD, IT APPEARS THAT THE CONTRACT AWARDED YOUR COMPETITOR HAS LONG SINCE BEEN COMPLETED AND PAYMENT MADE FOR THE SUPPLIES. BE THAT AS IT MAY THE RECORD OTHERWISE DISCLOSES THAT THIS AWARD WAS MADE TO THE HIGHEST BIDDER ON SEVERAL ITEMS OF THE INVITATION UPON THE BASIS OF ITS PROMISE OF DELIVERY WITHIN 7 TO 14 DAYS, AS COMPARED TO YOUR OFFER OF DELIVERY WITHIN 30 DAYS, AND IT HAS BEEN ADMINISTRATIVELY REPORTED THAT TIME OF DELIVERY WAS AN IMPORTANT FACTOR IN MAKING THE AWARD.

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