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B-190706 1 (1978-07-21)

handle is hein.gao/gaobadgfr0001 and id is 1 raw text is: 





                               MWTHE COMPTROLLER GEN*RL
              DECISION                 OF  THME  UNITEC STATUE
                                       WAGrIINOTON. Q.C. 20546



              FIL.E:          0-190706      DATE: July 21, 1978
              MAATTER OF:    Tri-County Metropolitan Transportation
                              District of Oregon
              DIQEST:

                   Although grantor agency believes grantee
                   awarded contract to nonresponsive bidder,
                   in violazion of terms of grant, GAO would
                   not object to funding of grant since it
                   appears that problem resulted from ambi-
                   guous specifications which were imposed on
                   grantee by grantor agency and since it
                   appears grantee acted in good faith in
                   awarding contreact.
                   The Urban Mass Transportation Administration
              (UMTA), Department of Transportation requeists a
              decision regarding the propriety of its funding,
              pursuant to a capital facilities grant under section
              3 of the Urban Mass trrnsportation Act, 49 U.S.C. f
              1602 (1970 and Supp. V 1975), for purchase of mobile
              radios by the Tri-County Metropolitan Transportation
              District of Cregon (Tri-Met), which prnvides mass
              transportation service in the Portland, Oregon
              metropolitan area.

                   The request arises out of a dispute between UMTA
              and Tri-Met as to whether UNTA-approved specifications
              in a solicitation issued by Tri-Met require mobile
              radio equipment to have tone coded sqaelch (TCS).
              Tri-Met, taking the position that TCS is not required,
              awarded a contract to Motorola Communications &
              Electronics, Inc. (Motorola), which, althouga the low
              bidder at $262,879, did not offer the TCS feature.
              UNTA, after reviewing a complaint of the General
              Electric Company (G.E.), the next low bidder at $269,225,
              determined that TCS was required, that the Motorola
              bid thecefore was nonresponsive, and that it would be
              .inappropriate for UMTA to participate in the procure-
              merit in light of the award to a nonrasponsive bidder



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