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B-203419 1 (1981-12-31)

handle is hein.gao/gaobadjzm0001 and id is 1 raw text is:                                                                     Si.



                                           THECOMPTROLL PRGENERAL
                   DECISION      ,         OF THE UNITED        STATES
                                           WASHINGTON, D.C. 205413



                  FILE:   B-203419               DATE: December 31, 1981

                  MATTER OF; Biospherics, Inc.


                  DIGEST;


                  1. During evaluation of proposals in step one
                     of two-step procurement, the agency may
                     delete a requirement for information which
                     was to be used in evaluating proposals where
                     (1) the revised vequirement appears to reflect
                     the agency's actual needs and (2) thero is
                     no showing that the interests of offerors or
                     potential offerors are unfairly prejudiced
                     by the amendment.

                 2. Contention that the agency waived the
                     solicitation's definitive responsibility
                     criteria is without merit because the infor-
                     mation requested (concerning prior experience
                     and quality control programs) was general
                     in nature and not sufficiently specific and
                     objective to be described as definitive
                     responsibility criteria.

                     Biospherics, Inc., protests the proposed award of a
                 contract to Lapteff Associates (Lapteff) by the District
                 of Columbia (D,.C) under solicitation No. 0149-AA-0-1-RJ,
                 a two-step formally advertised procurement for laboratory
                 services at the Blue Plains Wastewater Treatment Facility.
                 Biospherics ob'jects to D.C.'s determination to postpone
                 evaluation of certain information concerning an offeror's
                 ability to perform the required work until the second step,
                 price competition, had been completed. Alternatively,
                 Biospherics argues that the other offerors should be deter-
                 mined to be nonresponsible. D.C. explains that its intent
                 from the start was not to evaluate capability to perform
                 until after prices were submitted in the second step. We
                 find that this protest is without merit.
                     On December 8, 1981, Biospherics filed suit in the
                Superior Court of the District of Columbia, raising the
                same material issues and requesting (1) a temporary
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