B-149293, SEP. 4, 1962
Highlights
WE ARE NOT REQUIRED TO EITHER CONFIRM OF DENY THIS ALLEGATION SINCE IT IS NOT RELEVANT TO OUR DECISION. YOUR ALLEGED CONTRACT DELINQUENCY WAS THE REASON FOR REQUESTING A PREAWARD SURVEY. WAS THE BASIS FOR REJECTING YOUR BID AS NONRESPONSIBLE. QUESTIONS AS TO YOUR TECHNICAL COMPETENCY IN THE PRODUCTION PLANNING AND QUALITY ASSURANCE AREAS ARE PRIMARILY FOR ADMINISTRATIVE DETERMINATION AND ORDINARILY ARE NOT REVIEWABLE BY THIS OFFICE.
B-149293, SEP. 4, 1962
TO ADAMS ENGINEERING CO., INC:
IN YOUR LETTER OF AUGUST 17, 1962, YOU ASKED THAT WE RECONSIDER OUR DECISION DATED AUGUST 14, 1962, DENYING YOUR PROTEST AGAINST THE AWARD OF SUPPLY CONTRACTS UNDER INVITATIONS FOR BIDS NOS. 104-1136-62 AND 104-1558- 62.
YOU ALLEGE THAT ANY CONTRACT DELINQUENCY WHICH MAY BE ATTRIBUTED TO YOUR COMPANY INVOLVED CONTRACTS OF A COMPLETELY DIFFERENT NATURE FROM THE ONES BEING PROTESTED. WE ARE NOT REQUIRED TO EITHER CONFIRM OF DENY THIS ALLEGATION SINCE IT IS NOT RELEVANT TO OUR DECISION. YOUR ALLEGED CONTRACT DELINQUENCY WAS THE REASON FOR REQUESTING A PREAWARD SURVEY. HOWEVER, THE FINDING OF THE SURVEY, NOT THE CONTRACT DELINQUENCIES, WAS THE BASIS FOR REJECTING YOUR BID AS NONRESPONSIBLE.
AS WE STATED IN OUR FORMER LETTER, QUESTIONS AS TO YOUR TECHNICAL COMPETENCY IN THE PRODUCTION PLANNING AND QUALITY ASSURANCE AREAS ARE PRIMARILY FOR ADMINISTRATIVE DETERMINATION AND ORDINARILY ARE NOT REVIEWABLE BY THIS OFFICE. SEE 38 COMP. GEN. 248, CITED IN OUR PREVIOUS DECISION. ACCORDINGLY, OUR DECISION OF AUGUST 14, 1962, MUST BE SUSTAINED.