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B-190614 1 (1978-05-18)

handle is hein.gao/gaobadgbr0001 and id is 1 raw text is: 





                                        /       James Vickers r I

                              T. T C VMP-ROLLER ORNERAL
      CECISICN                OF  THU   UNITED STATNE




      FILE:      -19V614           CATE:   )ay 10, 1978

      MATTER  OF:    John W. Cowper Company

      DIGEST:

            Contrary to position of complainant,
            solicitation clause which requires
            listing of major equipment suppliers
            of system and does not contain pro-
            visions showing intent to preclude
            use of subcontractor or suppliers
            other than those listed and does not
            indicate that failure to provide
            information will render bid noure-
            sponsive relates to responsibility.

            John W. Ccwper Company (Cowper) has requested
       our Office to :eview the award.of a contract to Grumman
       Ecosystems Corporation (Grumman) by Fairfax County,
       Virginia, pursuant t'o a grant by the Environmental
       Protection Agency (EPA) under title II of the Federal
       Water Pollution Control Act Amendments of 1972 (33
       U.S.C. S 1251, St seQ. (1970)).

            The contract is for the construction of the final
       advanced wastewater treatment plant at the Lower
       Potomac Pollution Control Plant in Fairfax County,
       Virginia.  Bids were opened on October 13, 1977. The
       low bid was submitted by Grumman in the amount of
       $24,786,000.  Cowper was the second low bidder at
       $25,474,000.

            On October 14, 1977, Cowper filed a protest with
       the grantee contending that the bid of Grumman was
       nonresponnive and should not be considered for award.

            The solicitation contained the following clause:


                                     -11




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