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B-179880 1 (1974-01-15)

handle is hein.gao/gaobadcbx0001 and id is 1 raw text is: w /S ~ THE CONr1P3TROL.LZ7R 0Q5NGRA1- DC'. OFtk1v r0N.-0 TH1-1 E U N11TED B N1RTAYEL VASHINGTOJ, D.C. 20540 34 FILE: B-1792-80 DATE: January 15, 1974 MATTER OF: F -dy International, Ltd. E..2lay Air Services Corporation DIGEST: In situations where similarly priced bids have been received, our Office feels that phrase other factbrs properly to be considered (IR sec. 1-2.407-6(a)) in determining equality of bids means those criteria which are inherent in solicitation and not those extraneous ctrcunstances which nmay become significantly attractive to procuremnt activity only because tie bids have been received. In instant case, an incumbent contractor's past performance record is such an extraneavs circumstance Where two equal -bids were received on procurement of freight forwarding services and award was made to incumbent firm rather than drawing lots as required by FPR sec. 1-2.1407-6(b), our Office reco:zenis that agency now draw lots and, if protestor wins dUawing, that previous award be terminated for convenience of Government and award be made to previously unsuccessful bidder for remaining services. Department of Coraerce advertised solicitation no. 4-36202 for international air freight forwarding services to be used from Septem- ber 1, 1973, to August 31, 19714, by United States commercial exhibitors at international trade expositions was issued on August 3, 1973. Participating exhibitors at these trade fairs are instructed to ship exhibits to the international freight forwarder selected by the Department of Commerce. The freight forwarder, in turn, consolidates the shipments of different exhibitors; arranges for transport with direct air carriers also designated by Department; pays the air carrier and then bills the exhibitors for all shipping costs. The Department makses every effort to select qualified and reputable international air forwarders which are authorized to consolidate shipments at more economical tariffs than direct air shipment tariffs, thus benefiting United States exhibitors. In the instant procurement, bids were received from five firms. Berklay Air Services Corporation (Berklay) and Randy International, Ltd. (Randy), each bid no charge for each of the four accessorial itemb stated in the solicitation. - 1-

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