B-173099(2), MAY 25, 1972

B-173099(2): May 25, 1972

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RUCKELSHAUS: REFERENCE IS MADE TO THE LETTER OF APRIL 21. WHILE WE HAVE DENIED THE PROTEST AND ASTROPHYSICS' CLAIM (SEE ENCLOSURE). A NUMBER OF DEFICIENCIES IN THE HANDLING OF THIS PROCUREMENT HAVE BEEN RECOGNIZED. INDICATES THAT A REVIEW OF CERTAIN AREAS WAS UNDER WAY. WE ARE RETURNING THE OFFICIAL CONTRACT FILE FORWARDED WITH THE REPORT OF AUGUST 4.

B-173099(2), MAY 25, 1972

BID PROTEST - ALLEGED IMPROPER PROCUREMENT - CLAIM FOR PROPOSAL - PREPARATION COSTS CONCERNING THE DENIAL OF A PROTEST OF ASTROPHYSICS RESEARCH CORPORATION AGAINST PROCUREMENT PROCEDURES UNDER AN RFP ISSUED BY THE ENVIRONMENTAL PROTECTION AGENCY (EPA). AGENCY REGULATIONS CONCERNING NEGOTIATION TECHNIQUES, PUBLISHED AT PAGES 7500 AND 7501 OF VOLUME 34, NUMBER 74 OF THE FEDERAL REGISTER, DATED APRIL 15, 1972, SHOULD PROVIDE GUIDANCE IN CORRECTING SOME OF THE DEFICIENCIES RECOGNIZED IN THE HANDLING OF THIS PROCUREMENT. IN ADDITION, INFLEXIBLE PREDETERMINED SCORES SHOULD NOT BE USED AS A BASIS FOR DETERMINING THE ACCEPTABILITY OF PROPOSALS. B-174003, FEBRUARY 10, 1972.

TO MR. WILLIAM D. RUCKELSHAUS:

REFERENCE IS MADE TO THE LETTER OF APRIL 21, 1972, FROM THE DIRECTOR, CONTRACTS MANAGEMENT DIVISION, AND PRIOR CORRESPONDENCE, CONCERNING A PROTEST BY ASTROPHYSICS RESEARCH CORPORATION, AGAINST THE PROCEDURES IN AWARDING CONTRACTS UNDER REQUEST FOR PROPOSALS NO. WA 70-72. ASTROPHYSICS HAS ALSO SUBMITTED A CLAIM FOR PROPOSAL PREPARATION COSTS AND OTHER RELIEF.

WHILE WE HAVE DENIED THE PROTEST AND ASTROPHYSICS' CLAIM (SEE ENCLOSURE), A NUMBER OF DEFICIENCIES IN THE HANDLING OF THIS PROCUREMENT HAVE BEEN RECOGNIZED. THE LETTER OF AUGUST 4, 1971, FROM YOUR AGENCY, INDICATES THAT A REVIEW OF CERTAIN AREAS WAS UNDER WAY. IN THIS REGARD WE NOTE CERTAIN PROVISIONS OF YOUR AGENCY REGULATIONS CONCERNING NEGOTIATION TECHNIQUES, PUBLISHED AT PAGES 7500 AND 7501 OF VOLUME 34, NUMBER 74 OF THE FEDERAL REGISTER, DATED APRIL 15, 1972, WHICH SHOULD PROVIDE GUIDANCE TO AVOID THIS TYPE OF SITUATION IN FUTURE PROCUREMENTS. IN ADDITION, INFLEXIBLE PREDETERMINED SCORES SHOULD NOT BE USED AS A BASIS FOR DETERMINING THE ACCEPTABILITY OF PROPOSALS. B 174003, FEBRUARY 10, 1972.

WE ARE RETURNING THE OFFICIAL CONTRACT FILE FORWARDED WITH THE REPORT OF AUGUST 4, 1971.

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