B-177684(2), FEB 28, 1973

B-177684(2): Feb 28, 1973

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ALTHOUGH THIS PROTEST WAS DENIED. GAO FEELS THAT REVISION OF PARAGRAPH 102 OF THE ADDITIONS TO THE ADDITIONAL GENERAL PROVISIONS OF THE IFB SHOULD BE MODIFIED SO AS TO DELINEATE THE PURPOSE FOR WHICH THE INFORMATION IS REQUESTED. WERE TRANSMITTED TO OUR OFFICE BY COUNSEL'S REPORT 09CA/WHS:HJ DATED JANUARY 5. ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. WE FEEL THAT REVISION OF PARAGRAPH 102 IS NECESSARY IN ORDER TO AVOID A SITUATION POTENTIALLY MISLEADING TO BIDDERS. THAT THE INVITATION SHOULD CLEARLY DELINEATE THE PURPOSE FOR WHICH THE INFORMATION IS REQUESTED. IF A CERTIFICATION THAT A BIDDER HAS OR IS OBLIGATED TO FURNISH THE DATA UNDER ANOTHER CONTRACT IS INTENDED TO INFLUENCE A CHOICE WHETHER TO BUY THE DATA.

B-177684(2), FEB 28, 1973

BID PROTEST - CLARIFICATION OF IFB PROVISION CONCERNING THE PROTEST OF WORTHINGTON SERVICE CORPORATION AGAINST AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER AN IFB ISSUED BY THE DEPARTMENT OF THE NAVY. ALTHOUGH THIS PROTEST WAS DENIED, GAO FEELS THAT REVISION OF PARAGRAPH 102 OF THE ADDITIONS TO THE ADDITIONAL GENERAL PROVISIONS OF THE IFB SHOULD BE MODIFIED SO AS TO DELINEATE THE PURPOSE FOR WHICH THE INFORMATION IS REQUESTED.

TO MR. SECRETARY:

THE VIEWS OF THE NAVAL FACILITIES ENGINEERING COMMAND ON THE PROTEST OF THE WORTHINGTON SERVICE CORPORATION AGAINST AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS N62742-73-B-6002, ISSUED BY ROICCPAC DEPARTMENT, WESTNAVFACENGCOM, WERE TRANSMITTED TO OUR OFFICE BY COUNSEL'S REPORT 09CA/WHS:HJ DATED JANUARY 5, 1973, AND ASSOCIATE COUNSEL'S REPORT 09CA/WHS:PBC DATED JANUARY 10, 1973.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST.

WHILE THAT PORTION OF OUR DECISION CONCERNING PARAGRAPH 102 OF THE ADDITIONS TO THE ADDITIONAL GENERAL PROVISIONS (SUPPLY CONTRACT) EXPRESSED THE OPINION THAT THE DATA CERTIFICATION MAY BE SUBMITTED AFTER BID OPENING, WE FEEL THAT REVISION OF PARAGRAPH 102 IS NECESSARY IN ORDER TO AVOID A SITUATION POTENTIALLY MISLEADING TO BIDDERS. WE BELIEVE, AT A MINIMUM, THAT THE INVITATION SHOULD CLEARLY DELINEATE THE PURPOSE FOR WHICH THE INFORMATION IS REQUESTED. FURTHER, IF A CERTIFICATION THAT A BIDDER HAS OR IS OBLIGATED TO FURNISH THE DATA UNDER ANOTHER CONTRACT IS INTENDED TO INFLUENCE A CHOICE WHETHER TO BUY THE DATA, WE BELIEVE THAT SUCH FACT SHOULD BE COMMUNICATED TO BIDDERS TOGETHER WITH ANY OTHER CONSIDERATIONS WHICH MIGHT AFFECT THE EVALUATION OF BIDS.