B-174019(2), DEC 15, 1971

B-174019(2): Dec 15, 1971

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SECRETARY: REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 28. ENCLOSED IS A COPY OF OUR DECISION OF TODAY. ALTHOUGH WE HAVE DENIED THE PROTEST. WE HAVE POINTED TO A DEFICIENCY WHICH SHOULD BE AVOIDED IN FUTURE PROCUREMENTS. IF SUCH INFORMATION IS NECESSARY TO BIDDERS IN SUBMITTING BIDS ON THE INVITATION OR IF THE LACK OF SUCH INFORMATION WOULD BE PREJUDICIAL TO UNINFORMED BIDDERS. REGARDING WHETHER PATTERN AND IMPEDANCE DATA WAS REQUIRED ON MF TRANSMITTING AND RECEIVING ANTENNA. THE INFORMATION THEREBY ESTABLISHED BY THIS COMMUNICATION WAS NOT MADE AVAILABLE TO ANY OF THE OTHER BIDDERS FOR THE SUBJECT PROCUREMENT. WHILE WE ARE DENYING THE PROTEST IN THIS CASE. WE RECOMMEND THAT APPROPRIATE STEPS BE TAKEN TO INSURE THAT QUESTIONS RELATIVE TO THE MEANING OF SPECIFICATIONS WHICH ARE RAISED BEFORE BID OPENING IN FUTURE PROCUREMENTS BE PROCESSED UNDER THE PROCEDURES IN FPR 1-2.207(D) CITED ABOVE.

B-174019(2), DEC 15, 1971

TO MR. SECRETARY:

REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 28, 1971, FROM THE COMPTROLLER, UNITED STATES COAST GUARD, CONCERNING THE PROTEST OF GRANGER ASSOCIATES AGAINST THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS NO. CC-14175-A, ISSUED MAY 24, 1971.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY. ALTHOUGH WE HAVE DENIED THE PROTEST, WE HAVE POINTED TO A DEFICIENCY WHICH SHOULD BE AVOIDED IN FUTURE PROCUREMENTS. FEDERAL PROCUREMENT REGULATIONS (FPR) 1-2.207(D) PROVIDES AS FOLLOWS:

"(D) ANY INFORMATION GIVEN TO A PROSPECTIVE BIDDER CONCERNING AN INVITATION FOR BIDS SHALL BE FURNISHED PROMPTLY TO ALL OTHER PROSPECTIVE BIDDERS, AS AN AMENDMENT TO THE INVITATION, IF SUCH INFORMATION IS NECESSARY TO BIDDERS IN SUBMITTING BIDS ON THE INVITATION OR IF THE LACK OF SUCH INFORMATION WOULD BE PREJUDICIAL TO UNINFORMED BIDDERS. NO AWARD SHALL BE MADE ON THE INVITATION UNLESS SUCH AMENDMENT HAS BEEN ISSUED IN SUFFICIENT TIME TO PERMIT ALL PROSPECTIVE BIDDERS TO CONSIDER SUCH INFORMATION IN SUBMITTING OR MODIFYING THEIR BIDS."

THE SUCCESSFUL BIDDER, TECHNOLOGY FOR COMMUNICATIONS INTERNATIONAL, ADDRESSED AN INQUIRY TO THE COAST GUARD ON JUNE 7, 1971, REGARDING WHETHER PATTERN AND IMPEDANCE DATA WAS REQUIRED ON MF TRANSMITTING AND RECEIVING ANTENNA. THE CONTRACTING OFFICER RESPONDED ON JUNE 30, 1971, BY WRITTEN COMMUNICATION, IN THE NEGATIVE. HOWEVER, THE INFORMATION THEREBY ESTABLISHED BY THIS COMMUNICATION WAS NOT MADE AVAILABLE TO ANY OF THE OTHER BIDDERS FOR THE SUBJECT PROCUREMENT.

WHILE WE ARE DENYING THE PROTEST IN THIS CASE, WE RECOMMEND THAT APPROPRIATE STEPS BE TAKEN TO INSURE THAT QUESTIONS RELATIVE TO THE MEANING OF SPECIFICATIONS WHICH ARE RAISED BEFORE BID OPENING IN FUTURE PROCUREMENTS BE PROCESSED UNDER THE PROCEDURES IN FPR 1-2.207(D) CITED ABOVE.