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TO AMSTORE CORPORATION: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 3. THE DENIAL OF YOUR PROTEST IN THE FIRST INSTANCE WAS PREDICATED UPON A DETERMINATION THAT THE CONTRACT WAS PROPERLY AWARDED IN ACCORDANCE WITH APPLICABLE REGULATIONS. THAT PETERSON-RATHBUN'S SUBCONTRACT WITH STANDARD PRESS STEEL CORPORATION (SPS) WAS NOT A BREACH OF ITS CONTRACT WITH THE GOVERNMENT. YOU ALLEGE THAT SPS IS THE MANUFACTURER OF THE WARDROBES IN VIOLATION OF THE SMALL BUSINESS RESTRICTION IN THE SOLICITATION AND THAT ALL THE WORK PERFORMED BY PETERSON-RATHBUN CONSISTS ONLY OF UNLOADING THE WARDROBES AND INSTALLING THEM IN THE BUILDING. THE DEPARTMENT OF THE NAVY REPORTS THAT THE UNITS BEING FURNISHED BY SPS ARE UNASSEMBLED AND CONSIST ONLY OF FRAMEWORK.

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B-168703, APR. 21, 1970

TO AMSTORE CORPORATION:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 3, 1970, WITH REGARD TO OUR DECISION OF MARCH 26, 1970, B-168703, DENYING YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO PETERSON-RATHBUN CONSTRUCTION COMPANY UNDER INVITATION FOR BIDS NO. N62474-70-C-0581 ISSUED BY THE NAVAL FACILITIES ENGINEERING COMMAND.

THE DENIAL OF YOUR PROTEST IN THE FIRST INSTANCE WAS PREDICATED UPON A DETERMINATION THAT THE CONTRACT WAS PROPERLY AWARDED IN ACCORDANCE WITH APPLICABLE REGULATIONS, AND THAT PETERSON-RATHBUN'S SUBCONTRACT WITH STANDARD PRESS STEEL CORPORATION (SPS) WAS NOT A BREACH OF ITS CONTRACT WITH THE GOVERNMENT.

YOU ALLEGE THAT SPS IS THE MANUFACTURER OF THE WARDROBES IN VIOLATION OF THE SMALL BUSINESS RESTRICTION IN THE SOLICITATION AND THAT ALL THE WORK PERFORMED BY PETERSON-RATHBUN CONSISTS ONLY OF UNLOADING THE WARDROBES AND INSTALLING THEM IN THE BUILDING. AS STATED IN OUR DECISION OF MARCH 26, 1970, THE DEPARTMENT OF THE NAVY REPORTS THAT THE UNITS BEING FURNISHED BY SPS ARE UNASSEMBLED AND CONSIST ONLY OF FRAMEWORK. IT WAS ALSO REPORTED THAT PETERSON-RATHBUN IS PURCHASING THE REMAINING PARTS FROM OTHER SMALL BUSINESS SUPPLIERS AND IS DOING ALL OF THE ASSEMBLY WORK ITSELF. IT HAS LONG BEEN THE RULE OF OUR OFFICE TO ACCEPT THE ADMINISTRATIVE VERSION OF DISPUTED FACTS IN THE ABSENCE OF BAD FAITH OR A CLEAR SHOWING OF MISTAKE. NO BASIS EXISTS ON THE RECORD TO OVERCOME THAT PRESUMPTION OF CORRECTNESS.

IN VIEW OF THE FOREGOING, OUR DECISION OF MARCH 26, 1970, IS SUSTAINED.

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