B-139981, APR. 21, 1960

B-139981, APR. 21, 1960

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTERS OF MARCH 26 AND APRIL 9, 1960, RELATIVE TO YOUR PROTEST AGAINST THE REJECTION OF YOUR BID UNDER ITEMS NOS. 1, 2, 3 AND 4 OF INVITATION FOR BIDS NO. AIV 41-014-59-188 ISSUED APRIL 29, 1959, BY THE PURCHASING AND CONTRACTING OFFICE, FORT BLISS, TEXAS. THERE HAVE BEEN RECEIVED, ALSO, YOUR LETTERS OF NOVEMBER 2, 1959, JANUARY 30, 1960, AND FEBRUARY 27, 1960, RELATIVE TO THIS MATTER. WITH YOUR LETTER OF MARCH 26, 1960, YOU ENCLOSED AN EXCERPT FROM THE GOVERNMENT CONTRACTOR RELATIVE TO LATE TELEGRAPHIC BIDS AND YOU INQUIRE WHY OUR DECISION OF OCTOBER 30, 1959, WAS NOT FAVORABLE TO YOU AND WHY YOU HAVE RECEIVED NO REPLY TO YOUR LETTER OF FEBRUARY 27, 1960.

YOUR REFERRED-TO LETTERS CONTAIN NO INFORMATION WHICH WAS NOT AVAILABLE AND GIVEN CONSIDERATION WHEN THE DECISION OF OCTOBER 30, 1959, WAS PREPARED. IT IS BELIEVED THAT THE DECISION CLEARLY SETS OUT THE REASONS ON WHICH IT WAS BASED AND DISPOSES OF ALL SUBSTANTIAL QUESTIONS PERTAINING TO THE MATTER AND THAT, THEREFORE, FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSE.

WITH RESPECT TO THE TIME OF DELIVERY OF THE TELEGRAPHIC MESSAGE MODIFYING YOUR BID--- REFERRED TO IN THE DECISION OF OCTOBER 30--- THE ADMINISTRATIVE OFFICE REPORTED THAT THE MESSAGE WAS RECEIVED IN THE PURCHASING AND CONTRACTING OFFICE AT FORT BLISS AT 10:30 A.M., MAY 19, 1959--- 30 MINUTES AFTER BID OPENING. IN THE LETTER DATED JULY 2, 1959, FROM THE WESTERN UNION TELEGRAPH COMPANY, A COPY OF WHICH YOU TRANSMITTED WITH YOUR LETTER OF JULY 11, 1959, AND WHICH WAS SPECIFICALLY MENTIONED IN OUR DECISION, IT WAS STATED THAT THE COMPANY'S RECORDS SHOWED THAT "THIS MESSAGE WAS PROPERLY TRANSFERRED TO THE GOVERNMENT MESSENGER SERVICE AT FORT BLISS, TEXAS, AT :35 A.M. ON MAY 19TH"--- A STATEMENT WHICH IS NOT NECESSARILY INCONSISTENT WITH THE REPORT OF THE ADMINISTRATIVE OFFICE THAT THE MESSAGE WAS RECEIVED IN THE PURCHASING AND CONTRACTING OFFICE AT 10:30 A.M.

THE AWARD IN THIS MATTER WAS MADE ON MAY 22, 1959, AND YOU WERE SO ADVISED BY A LETTER DATED MAY 25, 1959. YOUR LETTER TO THIS OFFICE PROTESTING THE AWARD WAS DATED JUNE 20, 1959, AND WAS RECEIVED HERE JUNE 22. NECESSARILY, A REPORT WAS REQUESTED FROM THE DEPARTMENT OF THE ARMY. WITH THE REPORT WAS INCLUDED 1ST INDORSEMENT DATED JULY 15, 1959, FROM HEADQUARTERS, FOURTH U.S. ARMY, FORT SAM HOUSTON, TEXAS, STATING THAT "DELIVERY OF THE MAJOR PORTION OF THE ITEMS IN QUESTION HAS BEEN COMPLETED.' UNDER SUCH CIRCUMSTANCES, CANCELLATION OF A CONTRACT ORDINARILY WOULD NOT BE PROPER NOR IN THE INTEREST OF THE UNITED STATES.