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B-228744 1 (1987-11-12)

handle is hein.gao/gaobadbbj0001 and id is 1 raw text is: The Comptroller General of the United States Washingto, D.C. 2058 Decision P Matterof: Frank Thatcher Associates, Inc.v File: B-228744 Date: November 12, 1987 DIGEST Procuring agency which misclassifies advertisement in the Commerce Business Daily (CBD) has failed to effectively notify firms most likely to respond to a pending procurement and, therefore, violated the Competition in Contracting Act of 1984 (CICA) requirements to obtain full and open competi- tion. DECISION Frank Thatcher Associates, Inc., protests the procedures followed by the Forest Service, United States Department of Agriculture, in soliciting proposals to conduct a microwave feasibility study under request for proposals (RFP) No. R3- 87-30. Thatcher maintains that it was excluded from competition due to misclassification in the Qommerce Business Daily (CBD) of the notice advertising this procure- ment. We agree, since the misclassified notice failed to effectively notify those firms most capable of responding to this procurement such that the Forest Service failed to obtain full and open competition as required by the Competition in Contracting Act of 1984 (CICA). The protest is therefore sustained. Congress has statutorily mandated that agencies notify potential offerors of pending procurements through publica- tion of an announcement in the CBD. 15 U.S.C. S 637(e)X (Supp. III 1985); 41 U.S.C. 5 416X(Supp. III 1985). The regulations implementing those statutes require that the agency must specify the appropriate classification under which the CBD notice will be published. Federal Acquisition Regulation, 48 C.F.R. 5 5.207X(1986). Here, the request for contract action on which the CBD notice was based called for a feasibility study to develop specifications for procurement of the microwave portion of national forest radio systems. The Forest Service states PUBUSHED DECISION 67 Comp. Gen.

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