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B-189578 1 (1977-11-08)

handle is hein.gao/gaobadfhi0001 and id is 1 raw text is: I -A DECISRION FILE: B-18951 I '¼ 8 DA'rE: November 8, 1977 MATTER OF. Cubic Western Data, Inc. (Reconsideration) DIGEST: 1. Biddier's failure to provide complete test data, which is required to enable agency to determine bidder's ability to perform, does not render bid nonresponsive and, th. is distinguished from situation where information sub- mitted with bid in response to IFB responsibility provi- sion affirmatively indicates bidder will not perform in accordance with basic specification requirement. 2. Where GAO, in considering.procurement conducted pursuant to Federal grant must determine legal effict of invitation requirement in accordance with Federal competitive bidding principles, rationality of grantee agency's decision is not determinative. .By letter dated October 21, 1977, Cubic Western Data, Inc. (Cubic) has requested that we reconsider our' decision Cubic Western Data, Inc., B-189578, October 7, 1977, 57 C6mp.. Gen. (1977), 77-2 CPD . Our decision was issued in response Wa request for an 'pmion from the United States District Court for the Northern District of Georgia in connection with its consideration of Qonnar Corporatio% v. The Mecropolitan Atlanta Rapid Transit Authority, Civil Action 71h182. Our decision concerned the responsiveness of the bid submittedby Duncren Industries (Duncin), a division of Qonnar Corporation, under an'invitation for bids (IFB) issued by the Metropolitan Atlanta Rapid Transit Authority (MARTA) for the design, furnishing and installation of the fare collection system for MARTA's Rapid Rail Transit System. The procurerment is to be funded in substantial part (80 percent) by a grant from the Urban Mass Transportation Administration. We concluded that Duncan's low bid shduld tot be rejected as nonresponsive because of its alleged failure to furnish complete test data with its bid. We held that the IFB require- ment for the data which was solicited to enable MARTA to determine a bidder's competency to furnish the ticket handler I p ' THE COMPTlCLLEU ENRAL .F THE UNIYTEL STArME SWAHING rON. 0. C 20548 NITS N Co Y I

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