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B-158766 1 (1987-01-31)

handle is hein.gao/gaobablhr0001 and id is 1 raw text is: Comptroller G-eneral of the United States S Washington, D.C. 20548 B-158766 January 31, 1987 The Honorable George Bush 15o44 President of the Senate Dear Mr. President: Under the Competition in Contracting Act of 1984 (CICA)1/, the Comptroller General is required to report to Congress each instance in which a federal agency did not fully imple- ment a recommendation made by our Office in connection with a bid protest decided during the prior fiscal year. As we did last year, we are submitting the required report, along with a summary of our recent activities under our CICA bid protest function. The latter consists of two parts: a syn- opsis of progress made in defending the constitutionality of CICA in the courts and a statistical overview of our pro- cessing of FY 1986 bid protest cases. Statutory Report For FY 1986, we have only one instance to report where an agency did not comply with our recommendation. The case in question concerned a protest filed by the Howard Management Group (HMG)2/. HMG objected to the Naval Facilities Engi- neering Command's (NAVFAC) award of a contract for construc- tion of a water main for the Trident Submarine Base at Kings Bay, Georgia. The protester contended that NAVFAC refused to consider a modification to HMG's bid which would have made it the low bidder. We found that NAVFAC had improperly failed to consider HMG's bid modification, which was trans- mitted prior to bid opening but was received late because a telex number NAVFAC furnished to HMG for transmission of its bid was erroneous3/. Because the record indicated that the 1/ 31 U.S.C. § 3554(e)(2)(Supp. III 1985). 2/ Decided in Howard Management Group, B-221889, July 3, 1986, 86-2 CPD 11 28. 3/ In fact, the NAVFAC facility had no telex equipment at all. The number furnished to HMG was an ordinary tele- phone number to which facsimile equipment was connected. That number and its equipment is not accessible by Western Union telex.

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