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B-184770 1 (1976-05-11)

handle is hein.gao/gaobaddnl0001 and id is 1 raw text is: I THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-184770 DATE: May 11, 1976 MATTER OF: Ninneman Engineering DIGEST: Where several of the major provisions and policies of the Brooks Bill, 40 U.S.C. § 541 et seL. (Supp. II, 1972) were not followed in awarding Architect-Engineer Contract, such as: (1) no public announcement was made of the proposed procurement; (2) no preliminary negotiations were conducted with three or more of the top contendees; (3) no publication of selection criteria, and, unannounced criteria were improperly used by evaluation board in source selection, such award by Forest Service was improper. However, since there has been substantial completion of contract no recommenda- tion made for its termination. Ninneman Engineering (Ninneman) of Troy, Montana, protests the award of contract number 262-23 for the Lower O'Brien Cadastral Survey in Kootenai National Forest by the United States Department of Agriculture Forest Service (Forest Service), Kootenai National Forest, Libby, Montana, to Shaw-Smith, Inc., Kalispell, Montana. Ninneman claims that it meets all qualifications for the job, that Shaw-Smith is located outside the 100-mile-from-job-site geographic restriction used by the Forest Service in negotiating this procurement, and that its price for the work is $7,000 lower than that of the present contractor. The evaluation factors considered by the Forest Service's techni- cal review board included initially the factors enumerated in § 4G-3. 7007(c) of their Procurement Regulations. It then took into considera- tion other factors, a category of unenumerated factors which their regulations allowed to be considered. Those factors, determined independently by the review board, were the number and dollar size of contracts a firm had in that region within the past 2 fiscal years, - 1 -

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