B-173453(2), DEC 9, 1971

B-173453(2): Dec 9, 1971

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NOTES THAT THE RECORD IS SILENT CONCERNING WHETHER A NEW DETERMINATION OF COMPETITIVE RANGE WAS MADE AFTER THE REVISED WAGE DETERMINATION WAS ISSUED. SECRETARY: REFERENCE IS MADE TO LETTERS DATED AUGUST 6 AND NOVEMBER 4. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE COMPANY. WHILE WE HAVE DENIED ITS PROTEST. YOUR ATTENTION IS INVITED TO THE FACT THAT THE RECORD IS SILENT CONCERNING WHETHER A NEW DETERMINATION OF A COMPETITIVE RANGE WAS MADE AFTER THE REVISED WAGE DETERMINATION WAS ISSUED. WE ARE OF THE VIEW THAT WHEN MATERIAL CHANGES IN REQUIREMENTS ARISE. THE ENCLOSURES FURNISHED WITH THE REFERENCED LETTERS ARE RETURNED.

B-173453(2), DEC 9, 1971

BID PROTEST - REVISED WAGE DETERMINATION - COMPETITIVE RANGE CONCERNING THE PROTEST BY MANPOWER, INC., AGAINST AWARD OF A CONTRACT TO ANOTHER FIRM UNDER A SOLICITATION ISSUED BY THE PATUXENT RIVER NAVAL AIR STATION, LEXINGTON PARK, MD. WHILE THE PROTEST HAS BEEN DENIED, THE COMP. GEN. NOTES THAT THE RECORD IS SILENT CONCERNING WHETHER A NEW DETERMINATION OF COMPETITIVE RANGE WAS MADE AFTER THE REVISED WAGE DETERMINATION WAS ISSUED. WHEN SUCH A MATERIAL CHANGE ARISES, ALL OFFERORS SHOULD BE EVALUATED AND THE EVALUATION SHOULD BE REFLECTED IN A DETERMINATION OF COMPETITIVE RANGE UNDER THE CRITERIA SET OUT IN THE RFP.

TO MR. SECRETARY:

REFERENCE IS MADE TO LETTERS DATED AUGUST 6 AND NOVEMBER 4, 1971, FROM THE DEPUTY COMMANDER, PROCUREMENT MANAGEMENT, NAVAL SUPPLY SYSTEMS COMMAND FURNISHING OUR OFFICE REPORTS RELATIVE TO THE PROTEST OF MANPOWER, INC., UNDER SOLICITATION NO. N00421-71-R-7798, ISSUED BY THE NAVAL AIR STATION, PATUXENT RIVER, MARYLAND.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE COMPANY. WHILE WE HAVE DENIED ITS PROTEST, YOUR ATTENTION IS INVITED TO THE FACT THAT THE RECORD IS SILENT CONCERNING WHETHER A NEW DETERMINATION OF A COMPETITIVE RANGE WAS MADE AFTER THE REVISED WAGE DETERMINATION WAS ISSUED. WE ARE OF THE VIEW THAT WHEN MATERIAL CHANGES IN REQUIREMENTS ARISE, SUCH AS THE REVISED WAGE RATES IN THE INSTANT CASE, THE IMPACT OF SUCH CHANGES ON ALL OFFERS SHOULD BE EVALUATED, AND SUCH EVALUATION SHOULD BE REFLECTED IN A DETERMINATION OF COMPETITIVE RANGE UNDER THE CRITERIA SET OUT IN THE RFP. WE THEREFORE SUGGEST THAT ALL PURCHASING ACTIVITIES BE ADVISED OF THE NECESSITY FOR CLOSE ADHERENCE TO THE TERMS OF THE SOLICITATIONS IN THE ESTABLISHMENT OR REESTABLISHMENT OF A COMPETITIVE RANGE, SO AS TO FULLY IMPLEMENT THE PURPOSE OF SUCH PROVISIONS. SEE B-170206, B-170706, MARCH 29, 1971.

THE ENCLOSURES FURNISHED WITH THE REFERENCED LETTERS ARE RETURNED.