B-170404, SEP. 11, 1970

B-170404: Sep 11, 1970

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ADVISING THAT PROTEST ACTION AGAINST AIR FORCE AWARDING CONTRACT TO ANY COMPETITOR OTHER THAN PROTESTANT'S COMPANY MAY NOT PROPERLY BE TAKEN AT THIS TIME SINCE NEGOTIATION PROCEEDINGS ARE STILL BEING CONDUCTED. OFFEROR WHO HAS BEEN ADVISED THAT HIS TECHNICAL PROPOSAL IS ACCEPTABLE AND PRICE REASONABLE MAY NOT HAVE ACTION ON PROTEST AGAINST AWARD TO ANY OTHER COMPETITOR CONSIDERED. SINCE FACT THAT PROTESTANT'S OFFER HAS BEEN FOUND ACCEPTABLE DOES NOT CONSTITUTE BASIS FOR CONCLUDING THAT NO OTHER OFFERS WILL BE DETERMINED ACCEPTABLE. UNTIL NEGOTIATION IS CONCLUDED AND AWARD MADE ACTION BY GAO MAY NOT BE TAKEN. TO SPERRY RAND CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF JULY 17. YOU STATE THAT SPERRY REPRESENTATIVES HAVE BEEN ADVISED THAT THE SPERRY TECHNICAL PROPOSAL WAS TOTALLY ACCEPTABLE AND THAT THE PRICE QUOTATION WAS REASONABLE.

B-170404, SEP. 11, 1970

BID PROTEST -- NEGOTIATION DECISION TO SPERRY RAND CORPORATION, ADVISING THAT PROTEST ACTION AGAINST AIR FORCE AWARDING CONTRACT TO ANY COMPETITOR OTHER THAN PROTESTANT'S COMPANY MAY NOT PROPERLY BE TAKEN AT THIS TIME SINCE NEGOTIATION PROCEEDINGS ARE STILL BEING CONDUCTED. OFFEROR WHO HAS BEEN ADVISED THAT HIS TECHNICAL PROPOSAL IS ACCEPTABLE AND PRICE REASONABLE MAY NOT HAVE ACTION ON PROTEST AGAINST AWARD TO ANY OTHER COMPETITOR CONSIDERED, SINCE FACT THAT PROTESTANT'S OFFER HAS BEEN FOUND ACCEPTABLE DOES NOT CONSTITUTE BASIS FOR CONCLUDING THAT NO OTHER OFFERS WILL BE DETERMINED ACCEPTABLE. THEREFORE, UNTIL NEGOTIATION IS CONCLUDED AND AWARD MADE ACTION BY GAO MAY NOT BE TAKEN.

TO SPERRY RAND CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1970, WITH ENCLOSURE, PROTESTING AGAINST AN AWARD UNDER AIR FORCE REQUEST FOR PROPOSAL F08635 70 -R-0076 TO ANY COMPETITOR OTHER THAN YOUR COMPANY.

YOU STATE THAT SPERRY REPRESENTATIVES HAVE BEEN ADVISED THAT THE SPERRY TECHNICAL PROPOSAL WAS TOTALLY ACCEPTABLE AND THAT THE PRICE QUOTATION WAS REASONABLE. YOU THEREFORE QUESTION AN AWARD TO ANY OTHER OFFEROR IN THE CIRCUMSTANCES.

SINCE NO AWARD HAS BEEN MADE AS YET AND A NEGOTIATED PROCUREMENT IS INVOLVED, OUR OFFICE IS RESTRICTED IN ITS RECITATION OF THE DETAILS OF THE PROCUREMENT. PARAGRAPH 3-507.2 OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR). YOU ARE ADVISED THAT THE NEGOTIATION OF THIS PROCUREMENT IS SUBJECT TO 10 U.S.C. 2304(G) WHICH PROVIDES FOR WRITTEN OR ORAL DISCUSSIONS "WITH ALL RESPONSIBLE OFFERORS WHO SUBMIT PROPOSALS WITHIN A COMPETITIVE RANGE, PRICE, AND OTHER FACTORS CONSIDERED." SEE, ALSO, ASPR 3-805.1(A), IMPLEMENTING THIS STATUTORY DIRECTION. UNDER THE STATUTE AND REGULATION, ORAL AND WRITTEN DISCUSSIONS ARE REQUIRED TO BE CONDUCTED WITH ALL OFFERORS WITHIN A COMPETITIVE RANGE. THUS, THE FACT THAT DISCUSSIONS HAVE BEEN HAD WITH YOUR COMPANY WITH THE RESULT THAT ITS TECHNICAL AND PRICE PROPOSALS HAVE BEEN FOUND BY THE PROCUREMENT ACTIVITY TO BE ACCEPTABLE AND REASONABLE CONSTITUTES NO BASIS FOR CONCLUDING THAT THERE ARE NO OTHER OFFERORS WHO HAVE ACCEPTABLE AND REASONABLE PROPOSALS OR THAT THE OFFER OF SOME OTHER PROPOSER FOR THE COST-TYPE RESEARCH AND DEVELOPMENT EFFORT INVOLVED MAY NOT BE MORE ADVANTAGEOUS TO THE GOVERNMENT, TECHNICAL PROPOSAL AND COST CONSIDERED.

IN THE CIRCUMSTANCES, THERE IS NO ACTION WE MAY PROPERLY TAKE IN THE MATTER AT THIS TIME.