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B-200933, APR 1, 1981

B-200933 Apr 01, 1981
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BLANKET OFFER OF COMPLIANCE IS UNACCEPTABLE. 2. EXTENT OF PERFORMANCE UNDER CONTRACT IS PROPER CONSIDERATION IN DETERMINING WHETHER IT IS IN BEST INTEREST OF GOVERNMENT TO TERMINATE FOR CONVENIENCE IMPROPER AWARD. AGREES THAT THE HANDLING OF THE PROCUREMENT WAS NOT CONSISTENT WITH SOUND PROCUREMENT POLICIES AND PRACTICES. AMONG THE DEFICIENCIES NOTED BY HEADQUARTERS IN THE PROCUREMENT PROCESS IS THAT SLASC ACCEPTED COMMUNITRONICS' OFFER TO COMPLY WITH THE RFP SPECIFICATIONS AS BEING TECHNICALLY ACCEPTABLE WHEN THE RFP REQUIRED THE SUBMISSION OF A DETAILED TECHNICAL DESCRIPTION. WE HAVE HELD THAT A BLANKET OFFER TO COMPLY WITH THE RFP SPECIFICATIONS IS NOT AN ADEQUATE SUBSTITUTE FOR THE REQUIRED SUBMISSION OF DETAILED TECHNICAL PROPOSALS.

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B-200933, APR 1, 1981

DIGEST: 1. WHERE RFP REQUIRED SUBMISSION OF DETAILED TECHNICAL PROPOSALS AND REFERENCE TO APPROPRIATE TECHNICAL LITERATURE TO SHOW COMPLIANCE WITH SPECIFICATIONS, BLANKET OFFER OF COMPLIANCE IS UNACCEPTABLE. 2. EXTENT OF PERFORMANCE UNDER CONTRACT IS PROPER CONSIDERATION IN DETERMINING WHETHER IT IS IN BEST INTEREST OF GOVERNMENT TO TERMINATE FOR CONVENIENCE IMPROPER AWARD.

BERGEN EXPO SYSTEMS, INC.:

BERGEN EXPO SYSTEMS, INC., PROTESTS ON A NUMBER OF GROUNDS THE AWARD OF A CONTRACT TO COMMUNITRONICS CORPORATION (COMMUNITRONICS) UNDER THE ARMY'S ST. LOUIS AREA SUPPORT CENTER'S (SLASC) REQUEST FOR PROPOSALS (RFP) NO. DAAJO4-80-R-0029 FOR THE INSTALLATION OF AN AUDIO VISUAL PROJECTIONIST SYSTEM.

HEADQUARTERS, ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND (HEADQUARTERS), AGREES THAT THE HANDLING OF THE PROCUREMENT WAS NOT CONSISTENT WITH SOUND PROCUREMENT POLICIES AND PRACTICES. AMONG THE DEFICIENCIES NOTED BY HEADQUARTERS IN THE PROCUREMENT PROCESS IS THAT SLASC ACCEPTED COMMUNITRONICS' OFFER TO COMPLY WITH THE RFP SPECIFICATIONS AS BEING TECHNICALLY ACCEPTABLE WHEN THE RFP REQUIRED THE SUBMISSION OF A DETAILED TECHNICAL DESCRIPTION, WITH REFERENCES TO APPROPRIATE TECHNICAL LITERATURE, TO SHOW HOW THE SPECIFICATIONS WOULD BE SATISFIED. IN THAT REGARD, WE HAVE HELD THAT A BLANKET OFFER TO COMPLY WITH THE RFP SPECIFICATIONS IS NOT AN ADEQUATE SUBSTITUTE FOR THE REQUIRED SUBMISSION OF DETAILED TECHNICAL PROPOSALS. SEE CORBETTA CONSTRUCTION COMPANY OF ILLINOIS, INC., 55 COMP.GEN. 201, 211-212 (1975), 75-2 CPD 144.

IF AN AWARD IS IMPROPER ON ONE BASIS, THE OTHER BASES OF COMPLAINT ARE ACADEMIC TO THE PROTEST AND WILL NOT BE CONSIDERED. ZERO MANUFACTURING CO., B-197371, OCTOBER 15, 1980, 80-2 CPD 279.

NOTWITHSTANDING THE IMPROPRIETY, HEADQUARTERS PROPOSES TO ALLOW THE AWARD TO STAND BECAUSE COMMUNITRONICS HAS INCURRED MORE THAN 90 PERCENT OF THE CONTRACT COSTS. THE EXTENT OF PERFORMANCE IS A PROPER CONSIDERATION IN DETERMINING WHETHER IT IS IN THE BEST INTEREST OF THE GOVERNMENT TO TERMINATE FOR CONVENIENCE AN IMPROPER AWARD. ZERO MANUFACTURING CO., SUPRA. IN THE CIRCUMSTANCES, WE AGREE WITH THE HEADQUARTERS' PROPOSAL.

ALTHOUGH THE PROTEST IS SUSTAINED AND NO CORRECTIVE ACTION ON THE AWARD IS RECOMMENDED, WE NOTE THAT HEADQUARTERS HAS INDICATED THAT IT IS TAKING STEPS TO PREVENT A RECURRENCE OF THE SITUATION.

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