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B-191218 1 (1978-05-25)

handle is hein.gao/gaobadgby0001 and id is 1 raw text is: 





       (~'  .3        %.THE  COMPTROLLER GEER

DECISION.;.J.' OF THE UNITED                 STATES
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FILE: B-191218                DATE:  May 25, 1978

MATTER  OF:   Sam L. Huddleston & Associates, Inc.


DIGEST:

1.   Discussions required to be conducted by agen:y
     with three of most qualified firms in course
     of procurement of professional A-E services are
     part of statutory and regulatory piocedures
     prescribing competitive selection process. It
     is fundamental to competitive A-E selection
     process that firms be afforded opportunity to
     compete on equal basis.

2.   Where one of three corpeting A-E firms had
     possession and knowledge of Master Plan con-
     taining basic design concepts for development
     of cemetery to which agency intended selected
     A-E firm's design to conform, failure of
     agency to inform other two firms of existence
     of Master Plan prior to discussions resulted
     in unfair competitive advantage to firm posses-
     sing Master Plan.

     Sam L. Huddleston & Associates, Inc. (Huddleston),
protests the proposed award by the Office of Construc-
tion, Veterans Administration (VA), of an architectural
and engineering (A-E) contract to the joint venture of
Gerald F. Kessler & Associates, Inc. and Arthur H.
Bush & Associates, Architects (Kessler), for project
No. 789-888007 and project No. 789-888008, Fort Logan
National Cemetery, Fort Loaan, Colorado.

     The procedure for the Government's procurement of
A-E services is prescribed by the Brooks Bill, 40
U.S.C. S 541 et seg. (Supp. V, 1975). Section 542 of
that act states as follows:

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