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B-189578 1 (1977-10-07)

handle is hein.gao/gaobadfeh0001 and id is 1 raw text is: / etcu) - THE COMPTROLLER GENERAL DECISION . P 'THE UNUTEC STATRE WASHINGTON, D.C. 20549 FILE: B-189578 DATE: Octobar 1M 19'' MATTER OF: Cubic Western Data, Inc. DIGEST: InvitatioA requirement for submission of test data to eiable grantee to determine competency of bidder to perform con- tract relates to bidder responsibility, and bidder's alleged failure to furnish complete test data with bid does not render bid nonresponsive. On March 28, 1977, the Metropolitan Atlanta Rapid Transit Authority (MARTA) issued invitation for bids (IB) No. CQ 210 for the design, furnishing and installation of the fare collection ystem for MARTA's Rapid Rail Transit System. The procure- ment is to be funded in substantial part (80 percent) by a granc from the Urban Mass Transportation Administration (UMTA), Department of Tran'sportation, pursunt to the Urban Mass Transportation Act of 1964, Pub. L, 88-365, as amended, 49 U.S. C. S 1601 et sew Four bids were received in response to the solicitation. Duncan 'Industries (Dlican), a diyision of Qonnar Corporation, submitted the low bid of $3, 72 6,150. The next lowest bid, $3, 749, 614, was submitted by Cubic Western Data, Inc. (Cubic). MARTA determined that, Duncan's bid was nonresponsive and requested UMTA's concurrence in an award to Cubic. UMTA believes Duncan's bid is responsive and disapproved the proposed award to Cubic. On July 12, 1977, Cubic filed a coinplaint with this Office a&:inst any award to Duncan. On July 25, 1977,- MARTA rejected all bids'inider the IFB because of a purported technical deficiency in the public notice of the advertisement for bids and to avoid 'protracted administ 'tive and judicial prodeedings and qther costly delays. On thn following day, Duncan! filed an action in the United States District Court for the Northern District of Georgia (Qonnar Corporation v. The Metropolitan Atlanta Rapid Transit Authority. Civil Action No. 77-1218A) seeking to compe IARTA to award a contract to Duncan. We then dismissed Cubic's complatnt in accordance with our policy of declining to rule on matters involved in litigation in the courts unless the court expresses an interest in receiving our opinion. .-1- I

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