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B-181281 1 (1974-07-03)

handle is hein.gao/gaobadcds0001 and id is 1 raw text is: 




DECISICN


       THE  CIMPTROLLER GENEPAL
.    . OF   THE UNITED STATES
     ' WASHINGTON. D. C. 20548


Wt.  I-,


FILE:  B-181281


MATTER


DIGEST:


DATE:  July 3, 1974


OF:  Science Management Corporation (Decision
     Studies Group)

1.  Bid was improperly rejected for failure to
include track record of bidder as required by
invitation since experience qualification pro-
visions relate to responsibility and bid should
not be rejected for literal noncompliance in
absence of specific nonresponsibility determina-
tion based upon consideration of bidder's quali-
fications.


           2.  Rejection of bid for failure to include docu-
           mentation not clearly called for is of doubtful
           validity as failure of invitation to clearly state
           requirement had effect of ensnaring bidder into
           submitting nonresponsive bid. Furthermore, fail-
           ure of IFB to clearly express requirement normally
           requires cancellation of solicitation and readver-
           tisement under terms which clearly reflect Government's
           needs.

           3.  Invitation which fails to set forth objectively
           determinable standards against which bids may be
           evaluated on an equal basis for design and develop-
           ment effort is not sufficiently descriptive to permit
           full and free competition as required by 41 U.S.C.
           253(a), and award pursuant to such IFB should normally
           be cancelled. However, cancellation not directed here
           as exigency of procurement will not permit delay
           involved in such action.

     The protester, the low bidder under solicitation No. 10-74,
protests the rejection of its bid thereunder, and the subsequent
award of a contraqt by the Veterans Administration (VA) to
another concern.

     The subject solicitation was issued as an invitation for
bids (IFB) for consultant services to assist the VA in the
design and development of a complex telecommunications system


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