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B-190787 1 (1978-08-31)

handle is hein.gao/gaobadgjo0001 and id is 1 raw text is: 
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                        ,  THU COMPTROLLER GENERAL
 DWCI5ICN       .        .j.OP THE   UNITEo     STATES
                        S  WASHINGTON. 0,0. 2054U



 FILE:  8-190787                DATE:   August 31, 1978

 MATTER   OF:  Gould9  Inc.

 DIGEST:

     Since solicitation provision,  reciting
     that contract-will  encompass certain
     specialized work  and that successful bidder
     must, upon  request of contracting officer,
     submit data  relative to bidder's ability
     to perform  such work, establishesddfini-
     tive criterion, compliance  with which is
     prerequisite  to affirmative determination
     of bidd'r  responsibility, agency's award
     of contract without  regard to that provi-
     sion is improper. GAO  recommends that
     option to extend term of contract  not be
     exercised.

     Gould, Inc.  (Gould) protests the award of a re-
quirements contract for the overhaul  and repair of heavy
duty industrial storage baitiees   under invitatidn for
bids  (IFB) No. N62470-77-B-3127, issued by the Depart-
ment of the Navy.  The conttabt  was awarded to T. M.
Wardian Associates, Inc.  (Wardian), the low bidder
responding to the  invitation.  Gould's Objection is
that award to Wardian is inconsistent  with the experI-
ence requirements set forth  in the IFB.

     The experience  requirements were set forth as
follows:

        l1A.3 ContracEor's experience.   somw of
        the batteries to be overhauled  and re-
        paired under this contract  are for
        shipboard use. The batteries  are of
        special construction having  to pass

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