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B-196254 1 (1980-06-24)

handle is hein.gao/gaobabjuf0001 and id is 1 raw text is: 
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             COMPTROLLER GENERAL OF THE UNITED STATES
                      WASHINGTON. D.C. 20548



                                June 24, 1980
B-196254


The Honorable Clifford L. Alexander, Jr.

The Secretary of the Army

Dear Mr. Secretary:

     Enclosed is a copy of our decision of today sus-
taining the protest of Logistic Systems Incorporated
against the award of a contract under solicitation
No. DAAKlI-79-Q-0095 issued by your agency for the
decontamination and cleanup of Frankford Arsenal.

     As you will note we are not recommending a
reopening of negotiations because substantial
performance has been accomplished under the awarded
contract and because substantial costs would be
involved in any partial termination of it. However,
we believe that certain informational inadequacies
in the protester's proposal should have been pointed
out to the protester during the discussion process.
Defense Acquisition Regulation § 3-805.3 does not
sanction the failure to point out informational
inadequacies which prevent the contracting agency
from ascertaining exactly what an offeror in the
competitive range is proposing to furnish. This
is especially true here given the closeness of
the revised numerical ranking of the offerors and
the potential 2.1 million dollar cost saving theo-
retically available under any award to the protester.

     In order to avoid a recurrence of the foregoing
situation, we request that action be taken to insure
that procuring activities within your agency understand
that there must be adequate discussions with an offeror
placed in the competitive range.










                        J-

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