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B-186638 1 (1976-10-12)

handle is hein.gao/gaobadefd0001 and id is 1 raw text is: 




('NJ
                                           THE   COMPTROLLER GENERAL
0              DECISION                     OF   THE UNITEfl STATES
                                           WASHINGTON, 0.0, 20548
        athilED


               FILE*                              DB186638 DATE: October 1?, 1976

               MATTER OF:         Techniarts


               DIGE0T:

               1.   Notwithetanding that agency violated procurement regulations
                    by failing to rgfer issue of small, businesea firm's capacity
                    to SPA before rejecting firm's bid for lack of capacity, bid
                    was not acceptable for award if It was not responsive
                    at bid opening, even though nonreoponsiveness was not proferred
                    by agency as reason for rejection until submission nf report
                    responsive to protest against initial rejection.

               2.   Although this Office has serious doubts concerning agency's
                    determination that bid was nonresponsive, no remedial action
                    is possible since contract has been performed.

                    Invitation for bids (IFB) No. 100-22-6 was Inauad on rz:tuary 23,
              1976,  by the United States Information Agency (USIA) to solicit bids
              for  the design and construction of an audio mixing control console.
              Delivery  was to be not more than 90 calendar days after #the success-
              ful  bidder was notified of awar4.

                -   Seven bide were received and opened on April 9.    USIA deter-
              mined  that the low bid was technically deficient and it was, therefore,
              rejected.  During the technical review of the second low bid, sub-
              mitted  by Techniarta, the reviewing officials requested, in a
              memorandum  dated April 19, clarification on certain itemu as followas
         *0
                    1  We need a l.isting of'projects of equal scope which bidder
                        has recently and successfully completed and names of
                        individuals now using these products. We would like to
                        be able to see an example of their work.

                    2. What is the make and model'number of the proposed
                        faders?  Can a manufacturer's specification sheet be
                        supplied?

                    3.' Since the proposed amplifiers are not self-powered,
                        redundant power supplies and indicators must be furnished



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