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B-185944 1 (1976-06-29)

handle is hein.gao/gaobaddch0001 and id is 1 raw text is:                             THE  COMPTROLLER GENERAL
DECISION        .           OF   THE   .UNITED      STATES
                            WASHINGTON, D.C. 20548
                    LNIT V00



FILE:  B-185944                    DATE:   June 29, 1976

MATTER OF: San Diego Marine   Construction Corp.


DIGEST:


     Protest questioning Navy's requirement for bidders
     in procurement of landing craft to supply price
     breakdown of their bids is denied as requirement
     is in accord with express language of 10 U.S.C. 7301
     and its legislative history.

     San Diego Marine Construction Corp. has protested the inclusion
in invitation for bids N00024-76-B-2046, issued by the Naval Sea
Systems Command, of a provision requiring bidders to submit cost
breakdowns of the various elements of their bids.

     This procurement involves the purchase of fifty foot landing
craft mechanized workboats. Section C, paragraph 37a, of the solici-
tation states: Every offeror shall submit with each copy of this
offer, a breakdown of each price, * * *. The solicitation provides
that this information * * * will be treated as business confidential
and will not be publicly disclosed.

     The Navy bases its inclusion of this requirement for a price
breakdown on 10 U.S.C. 7301 (1970 ed.) which states in pertinent
part:

    Bids on construction: estimates required
    (a)  When advertising for bids for the con-
    struction of any naval vessel, the Secretary
    of  the Navy shall require each bidder to file
    with his bid the estimates on which the bid
    is  based.

    San  Diego Marine contends that the Navy improperly applies the
statute's requirements to the purchase of * * * everything from a
punt to an aircraft carrier * * *. Moreover, the protester questions
whether Congress actually intended the act to apply to formally acver-
tised procurement. In support of this position it points out that the
statute was enacted in 1946 when Congress may not have fully considered
the distinction between formally advertised and negotiated procurements.


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