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B-179144 1 (1974-07-16)

handle is hein.gao/gaobadcdb0001 and id is 1 raw text is: D UC I C- 10r 10 FILE: B-179144 /SL, THLE CtMPTrCLL0R GENERi. O THE UIT D STAT E WASHINGTON. 0. 0. 20548 \T 4o cl .7 # DATE: July 16, 1974 MATTER C DIGEST: Particle Data, Inc. 1. Since invitation specifications did not include usage requirement, bid of low bidder should not have been reiected for failure to meet usaae requirement of contracting activity,invitation should have been canceled with subseauent readvertisement under revised specifications. See 50 Comp. Gen. 50 (1970). 2. Although under ASPR 1-705.4(c) contracting officer has discretion to submit to SBA his determination of bidder's lack of tenacity and perseverance where procurement is in excess of $2,500 but not more than $10,000, since contracting officer did not rely on $6,000 amount of procurement in not sending determination to SBA, but relied instead entirely upon bidder's lack of tenacity and perseverance, he was remiss in not sending determination to SBA as required by ASPR 1-705.4(c)(vi). 3. Fact that bidder was dilatory in furnishing service it was not obligated to perform under prior contracts and that it failed to provide instrument for testing for proposed purchase by Government agency should have no bearing on bidder's tenacity and perseverance in determination of bidder's responsibility, since tenacity and perseverance is determined from record of contract performance and failures to provide timely service and sample were not .violations of contract obligations; further, immediate procurement has no provision for servicing. Although we do not recommend that the award made under invitation for bids No. DADAl5-73-B-0111, issued by the Walter Reed Army Medical Center, Washington, D. C., be disturbed inasmuch as the contract has been completed, we are bringing to the attention of the Department of the Army the deficiencies in the procurement as noted below. - 1 - ( F:

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