B-173001(2), SEP 30, 1971

B-173001(2): Sep 30, 1971

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IT IS RECOMMENDED THAT THE TWO CITED DEFICIENCIES IN THE PROCUREMENT BE CORRECTED TO PRECLUDE THEIR RECURRENCE IN THE FUTURE. SECRETARY: REFERENCE IS MADE TO A LETTER. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO CRAIG'S ATTORNEY WHICH DENIES THE PROTEST. SOME OF WHICH WERE ALSO NOTED BY NSSC. OFFERORS WERE NOT APPRISED OF THE EVALUATION FACTORS AGAINST WHICH THEIR PROPOSALS WOULD BE EVALUATED OR THE RELATIVE IMPORTANCE OF THOSE FACTORS. WERE HELD WITH ONLY ONE OF THE TWO OFFERORS WITHIN A COMPETITIVE RANGE. RETURNED HEREWITH ARE THE ENCLOSURES OF THE ADMINISTRATIVE REPORT AND THE PERTINENT PROPOSALS IN ACCORDANCE WITH THE NSSC REQUEST.

B-173001(2), SEP 30, 1971

BID PROTEST - CORRECTION OF PROCUREMENT DEFICIENCIES ALTHOUGH THE PROTEST OF CRAIG SYSTEMS CORPORATION HAS BEEN DENIED, IT IS RECOMMENDED THAT THE TWO CITED DEFICIENCIES IN THE PROCUREMENT BE CORRECTED TO PRECLUDE THEIR RECURRENCE IN THE FUTURE.

TO MR. SECRETARY:

REFERENCE IS MADE TO A LETTER, SUP 0222, DATED JULY 12, 1971, FROM THE DEPUTY COMMANDER, PURCHASING, NAVAL SUPPLY SYSTEMS COMMAND (NSSC), FURNISHING OUR OFFICE A REPORT ON THE PROTEST OF CRAIG SYSTEMS CORPORATION AGAINST THE AWARD OF A CONTRACT TO ATCO INDUSTRIES LTD. UNDER REQUEST FOR PROPOSALS NO. N00421-71-R-7743, ISSUED BY THE PATUXENT NAVAL AIR STATION.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO CRAIG'S ATTORNEY WHICH DENIES THE PROTEST. IN REACHING OUR DECISION, WE OBSERVED SEVERAL DEFICIENCIES IN THE PROCUREMENT, SOME OF WHICH WERE ALSO NOTED BY NSSC. FIRST, CONTRARY TO SOUND PROCUREMENT POLICY, OFFERORS WERE NOT APPRISED OF THE EVALUATION FACTORS AGAINST WHICH THEIR PROPOSALS WOULD BE EVALUATED OR THE RELATIVE IMPORTANCE OF THOSE FACTORS. SEE 50 COMP. GEN. (B-170682, MARCH 19, 1971); 49 ID. 229 (1969). SECOND, NEGOTIATIONS, AFTER THE CLOSING DATE FOR OFFERS, WERE HELD WITH ONLY ONE OF THE TWO OFFERORS WITHIN A COMPETITIVE RANGE. THERE CAN BE NO ASSURANCE, IN THE ABSENCE OF ALLOWING ALL OFFERORS WITHIN A COMPETITIVE RANGE AN OPPORTUNITY TO AMEND OR MODIFY THEIR PROPOSALS AND TO SUBMIT THEIR BEST AND FINAL OFFERS, THAT THE GOVERNMENT HAS RECEIVED THE FULL BENEFITS OF COMPETITIVE NEGOTIATION PROCEDURES.

WE SUGGEST, THEREFORE, THAT ACTION BE TAKEN, TO THE EXTENT NOT ALREADY ACCOMPLISHED, TO PRECLUDE THE RECURRENCE OF THESE DEFICIENCIES IN FUTURE PROCUREMENTS. RETURNED HEREWITH ARE THE ENCLOSURES OF THE ADMINISTRATIVE REPORT AND THE PERTINENT PROPOSALS IN ACCORDANCE WITH THE NSSC REQUEST.