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B-189486 1 (1978-02-07)

handle is hein.gao/gaobadfrc0001 and id is 1 raw text is: 




                 \,        THE   DIMPTRLLWR1   GENERAL
   LECISICN           /    oF  THR   UNITPrJ   BTATEB
                           WASHINGTON. U.C. 2054 E



   FILE:B-189486                 OATE: February 7, 1978

   MPTTER  OF:  Hydro-Clear Corporation

   OIGEST:


       GAO will not consider complaint by
       proposed supplier to second low bidder
       under procurement funded by EPA grant
       against low bidder's responsiveness
       and responsibility. Complaint essen-
       tially invol'_s low bidder's subcontract
       award, and matter does not come within
       situations en-aerated in Optimum Systems,
       tnc., 54 Comp. Gen. 767 (1975), 75-1 CPD
       166.  Moreover1 legitimate recognizable
       interests in prime contract award are
       adequately protected by limiting parties
       eligible to request GAO review under
       Public Notice at 40 Fed. Reg. 42406,
       September 12, 1975, to firms that sub-
       mitted bids, none of which have expressed
       dissatisfaction with conduct of procurement.

     The City of Daytona Beach, Florida, issued an
invitation for bids for a wastewater treatment plant to
be funded by a 75-percent grant from the Environmental
Protection Agency (EPA).  Bidders were to list on the
bid form one or more suppliers for each element of t
plant. The following appeared below the lines for th
listings:

    Note:  Descriptive literature concerning
    size,  type, model, operating characteristics
    and  efficiencies shall be submitted with
    tha  bid on all items by manufacturers not
    narad  in the specifications.

    Paragraph  23 of the specifications concerned a
requirement for a tertiary filter system capable of
treating 15 MGD of secondary waste effluent, with or
without pre-t-reatment, under all of 14 listed con-
ditions.  The specifications did not name a manufacturer
for that iten;.

                          - 1-

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