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B-184865 1 (1976-05-03)

handle is hein.gao/gaobaddoa0001 and id is 1 raw text is: THE COMPTROLLER GENRA DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-184865 DATE: May 3, 1976 q C 9 .2. MATTER OF: Haughton Elevator Division, Reliance Electric Company DIGEST: 1. Cases which hold that in absence of finding of nonresponsi- bility, bid may not be rejected solely for bidder's failure to meet literal requirement of responsibility criteria set forth in solicitation will no longer be followed. Meeting such definitive criteria of responsibility, either precisely or through equivalent experience, etc., is actual prerequisite to affirmative determination of responsibility, since waiver of such requirement may prejudice other bidders or potential bidders who did or did not bid in reliance on its application. 2. Experience of corporate officials prior to formation of corporation can be included when examining corporation's overall experience level for bidder responsibility determi- nation. Therefore, mere fact that corporation had only existed since early 1975 is not determinative of its ability to meet approximately 5 years experience require- ment. 3. Record does not support affirmative responsibility determi- nation where agency made sub silentio finding that bidder had demonstrated level of achievement equivalent to or in excess of minimum level of experience set forth in IFB, i.e., that it had worked on more complex equipment for requisite length of time (approximately 5 years) wherein same sort of expertise needed in instant contract was brought to bear, since record indicates only that bidder (1) had some.expe- rience with equipment; (2) had some experience with highly sophisticated equipment; and (3) had 5 years' general expe- rience, and does not indicate extent of experience with either specific or more complex equipment. 4. Since agency's determination as to small business-firm's respon- sibility was not reasonable, options should not be exercised and future needs resolicited based upon proper statement of actual needs in clear and precise terms. 54 Cc;_p- Ca........

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