B-180245(2), MAY 9, 1974

B-180245(2): May 9, 1974

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ALTHOUGH SUBJECT PROTEST IS DENIED. IT IS RECOMMENDED THAT PROCURING ACTIVITY INSTITUTE PROCEDURE FOR FUTURE PROCUREMENTS REQUIRING PREPARATION OF CONTEMPORANEOUS AND COMPLETE WRITTEN RECORD OF NEGOTIATIONS. JR.: REFERENCE IS MADE TO THE PROTEST OF BDM SERVICES COMPANY AGAINST THE AWARD OF A BASIC ORDERING AGREEMENT TO POTOMAC GENERAL RESEARCH GROUP UNDER REQUEST FOR PROPOSALS M00027-74-R-0006. WHICH WAS THE SUBJECT OF A REPORT SUBMITTED BY YOUR DEPUTY CHIEF OF STAFF FOR INSTALLATIONS AND LOGISTICS ON JANUARY 15. ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. THIS PROTEST WOULD HAVE BEEN MORE EASILY RESOLVED HAD A DETAILED SUMMARY OF NEGOTIATIONS WITH ALL OFFERORS BEEN PREPARED AS A MATTER OF COURSE FOLLOWING NEGOTIATIONS.

B-180245(2), MAY 9, 1974

ALTHOUGH SUBJECT PROTEST IS DENIED, IT IS RECOMMENDED THAT PROCURING ACTIVITY INSTITUTE PROCEDURE FOR FUTURE PROCUREMENTS REQUIRING PREPARATION OF CONTEMPORANEOUS AND COMPLETE WRITTEN RECORD OF NEGOTIATIONS.

TO GEN. ROBERT E. CUSHMAN, JR.:

REFERENCE IS MADE TO THE PROTEST OF BDM SERVICES COMPANY AGAINST THE AWARD OF A BASIC ORDERING AGREEMENT TO POTOMAC GENERAL RESEARCH GROUP UNDER REQUEST FOR PROPOSALS M00027-74-R-0006, ISSUED BY THE UNITED STATES MARINE CORPS, QUANTICO, VIRGINIA, WHICH WAS THE SUBJECT OF A REPORT SUBMITTED BY YOUR DEPUTY CHIEF OF STAFF FOR INSTALLATIONS AND LOGISTICS ON JANUARY 15, 1974.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. HOWEVER, WE BELIEVE THAT IN VIEW OF THE FACTUAL DISPUTES REGARDING THE CONTENT OF THE NEGOTIATION DISCUSSIONS, THIS PROTEST WOULD HAVE BEEN MORE EASILY RESOLVED HAD A DETAILED SUMMARY OF NEGOTIATIONS WITH ALL OFFERORS BEEN PREPARED AS A MATTER OF COURSE FOLLOWING NEGOTIATIONS. OUR EXPERIENCE HAS SHOWN THAT SOME PROCURING AGENCIES CONSIDER THE CONTEMPORANEOUS MEMORIALIZATION OF THE DISCUSSIONS TO BE OF SUFFICIENT IMPORTANCE TO WARRANT THE PREPARATION OF A VERBATIM TRANSCRIPT. WHILE EVERY CASE DOES NOT NECESSARILY REQUIRE THE DETAIL PROVIDED BY A TRANSCRIPT, WE BELIEVE THAT A CONTEMPORANEOUS AND COMPLETE WRITTEN RECORD OF NEGOTIATIONS SHOULD BE PREPARED IN EVERY INSTANCE, AND WE THEREFORE RECOMMEND THAT A PROCEDURE REQUIRING THE PREPARATION OF WRITTEN MINUTES OF NEGOTIATIONS BE INSTITUTED FOR USE IN FUTURE PROCUREMENTS. SEE B- 176438(2), DECEMBER 27, 1972.