B-181199, DEC 20, 1974

B-181199, DEC 20, 1974

PRECIS-UNAVAILABLE

TO THE SECRETARY OF TRANSPORTATION:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY IN THE MATTER OF DATA TEST CORPORATION CONCERNING ITS PROTEST AGAINST THE AWARD OF A CONTRACT UNDER INVITATION FOR BIDS WA5M-4-7215. AS YOU WILL NOTE, THE PROTEST HAS BEEN SUSTAINED AND WE HAVE RECOMMENDED THAT THE CONTRACT AWARDED TO SYSTRON- DONNER CORPORATION BE TERMINATED. IN VIEW OF THIS RECOMMENDATION, COPIES OF OUR DECISION HAVE BEEN TRANSMITTED TO THE COMMITTEES NAMED IN SECTION 236 OF THE LEGISLATIVE REORGANIZATION ACT OF 1970.

THAT SECTION REQUIRES THE HEAD OF A FEDERAL AGENCY TO SUBMIT WRITTEN STATEMENTS TO THESE COMMITTEES ON THE ACTIONS TAKEN BY THE AGENCY WITH RESPECT TO OUR RECOMMENDATIONS. THE STATEMENTS MUST BE SENT TO THE HOUSE AND SENATE COMMITTEES ON GOVERNMENT OPERATIONS WITHIN 60 DAYS AND TO THE HOUSE AND SENATE COMMITTEES ON APPROPRIATIONS IN CONNECTION WITH THE AGENCY'S FIRST REQUEST FOR APPROPRIATIONS SUBMITTED TO THE CONGRESS MORE THAN 60 DAYS AFTER THE DATE OF THE DECISION.

MOREOVER, WE WOULD ALSO LIKE TO CALL TO YOUR ATTENTION THAT IN ACCORDANCE WITH OUR USUAL PROCEDURE OF ADDRESSING THESE PROTESTS, ON JULY 2, 1974, OUR OFFICE REQUESTED THAT YOUR AGENCY PROVIDE A DOCUMENTED REPORT RESPONSIVE TO THE PROTEST AS SOON AS POSSIBLE. HOWEVER, IT WAS THE UNTIL OCTOBER 1, 1974, THAT WE RECEIVED A REPORT ON THE PROTEST FROM THE ACTING ASSOCIATE ADMINISTRATOR FOR ADMINISTRATION, FEDERAL AVIATION ADMINISTRATION, EVEN THOUGH MEMBERS OF YOUR STAFF WERE CONTACTED CONCERNING THE STATUS OF THIS MATTER ON AUGUST 9 AND 26 AND SEPTEMBER 9, 19 AND 27.

AS YOU KNOW, OUR OFFICE HAS IMPLEMENTED ITS BID PROTEST PROCEDURES AND STANDARDS IN THE HOPE OF EXPEDITING BOTH THE PROCUREMENT PROCESS AND THE HANDLING OF BID PROTESTS. AS REFERENCED IN OUR STANDARDS, WE SUGGEST THAT THE PROCURING AGENCY SUBMIT A WRITTEN REPORT ON THE PROTEST WITHIN 20 WORKING DAYS OF OUR REQUEST FOR SAID INFORMATION. WHILE WE RECOGNIZE THAT IN EVERY INSTANCE IT MAY BE IMPOSSIBLE TO MEET THIS 20-WORKING-DAY LIMITATION, WE FEEL THAT THE 3-MONTH PERIOD REQUIRED TO RECEIVE A RESPONSE TO OUR INITIAL REQUEST WAS UNREASONABLY LONG.

IN THIS REGARD, WE WOULD BE MOST INTERESTED IN LEARNING THE CAUSE FOR THE DELAY IN ISSUING YOUR REPORT AND ANY STEPS THAT YOU WOULD CONSIDER IMPLEMENTING SO AS TO GUARD AGAINST A REPETITION OF THIS SITUATION. WOULD ALSO APPRECIATE BEING KEPT INFORMED AS TO STEPS TAKEN IN IMPLEMENTING THE RECOMMENDATION FOR CORRECTIVE ACTION CONTAINED IN OUR DECISION.