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B-182560 1 (1975-09-26)

handle is hein.gao/gaobadcmk0001 and id is 1 raw text is: 


                             THE  COMPTROLLER GENERAL
DECISION              !      OF   THE    UNITED      STATES
                             WASHINGTON. D.C. 20546




FILE:   B-182560                   DATE:   September 26,1975

MATTER OF: The Franklin Institute                        q '-7 '/


DIGEST:

      Where Agency representative brought protester's
      employee into meeting with competitor without dis-
      closing relationship and discussion may have given
      protester competitive advantage, RFP should be re-
      vised to eliminate advantage, if that can be done
      without sacrifice to Agency interests, since such
      action would enhance competition and provide oppor-
      tunity for all interested parties to compete. How-
      ever, if Agency interests call for continuing pro-
      curement in form that precludes elimination of pos-
      sible competitive advantage, protester may be excluded
      from portion of procurement involving possible advantage.


      On August 8, 1974, the Contracts Management Division of the
 Environmental Protection Agency (EPA) issued request for proposals
 (RFP) WA-74-E371 for operation and maintenance of a solid waste
 information retrieval system (SWIRS). The period of contract
 performance was stated to be for the period from January 1, 1975,
 through December 31, 1975. An option period of one additional
 year was also provided.


                          BACKGROUND

      Prior to August 1974 SWIRS was operated by The Franklin
 Institute under contract with EPA. The computer system (hard-
 ware and software) necessary for the operation was furnished to
 Franklin by EPA using a system located at the National Institutes
 of Health (NIH). Some time during 1974 EPA decided to change from
 the NIH system to a system provided by a private contractor. The
 change was to be made under RFP -E371.


                      THE AUGUST VISIT

      On August 8 or 9, 1974 (the Agency and the parties to the
 protest do not agree on the precise date involved), EPA's SWIRS


                                 1 -             PUBLISHED DECISION

                                                   .............................................

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