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B-190663 1 (1978-04-26)

handle is hein.gao/gaobadfyz0001 and id is 1 raw text is: 








                                         MECOMWiDPTRCLLER OENU;AL
                     DECIIO       ..'       Li' TME   UNITED    UTATES
                                            WABMING   TON.  D.C.  20S4R



                     FILE: B-190663              DAE: Auril  26, 1978

                     M1ATTER OF:
                                Tymshare, Inc.



                      1.   Agency's conducting informal competition
                           whereby order for data base development
                           was to be placed under one of two vendors'
                           basic ordering agreements--where no adequate
                           written solicitation was issued--was procedure
                           at variance with fundamental principles of
                           Federal negotiated procurement, and also
                           raises question of improper prequalifi.;ation
                           of offerors. GAO recommends that agency
                           review its procedures for issuing such orders
                           and conduct any further competition in manner
                           not inconsistent with decisicn. Case is also
                           called to attention of General Services Admin-
                           istration for possible revision of Federal
                           Procurement Regulations.

                      2.   Where GAO finds that agency's negotiated pro-
                           cu-tement procedure was fundamentally deficient--
                           no adequate written wolicittion issued--and
                           recommends that agency revi-w procedures before
                           conducting any further compEtition, issues con-
                           cerning propriety and results of benchmark tests
                           under deficient procurement procedure are academic.

                           Tymshare, Inc., has protested to our Office
                      concerning the refusal of the Federal Aviation
                      Administration (FAA to award it an order under
                      its basic ordering agreement (BOA) No. DOT-OS-50255.

                                           Background

                          The record indicates that oureuant to orders
                      issued under its BOA No. DOT-:-50 52, Boeing
                      Computer Services Company (Boeing) nas been per-
                      forming what is described as data base development
                      and analysis for FAA. The work aparently involves
                      consolidating certain PAA data requireme.ts through
                      the use of a data base management 'yStem s;oftware








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