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B-186031 1 (1976-06-16)

handle is hein.gao/gaobaddkg0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-186031 DATE: June 16, 1976 MATTER OF: James R. Parks Co. DIGEST: 1. Protest by unsuccessful offeror against affirmative determination of successful offeror's responsibility, will not be considered since our Office does not review affirmative determinations of responsibility except where fraud is alleged or where definitive responsibility criteria allegedly have not been applied. 2. Omission by agency of Pre-Award Survey of successful offeror from administrative report sent to protester was not improper, since ASPR 9 1-907 (1975 ed.) precludes release of information obtained in such surveys to anyone other than companies surveyed. 3. Where offeror submitted letter with offer proposing lower unit price if economic price adjustment clause would be included in contract, on which basis amend- ment was issued to include such clause, thereby affording all offerors opportunity to revise proposals, meaningful discussions must be *considered to have been held and award cannot be said to have been made on initial proposal basis. 4. Award of contract without formai specific request for best and final offers not abue discretion or violative of competitive n-otiatio: p edures to cause such award to be considler:ed improp r since, under particular circumstances, intent and effe2t of amendment was to request best and final offers. 5. Protester has burden of affiriatively proving its case, and burden is not met where conflicting statements of protester and contracting agency constitute only evidence. 6. Concerning unsuccessful offeror's complaint that it was not notified that award was to be made, ASPR 9 3-508.2(b) (1975 ed.) does not require such notice to unsuccessful offerors where, as here, contracting officer has placed in contract file written determination that contract must be awarded without delay to protect public interest. - 1 -

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