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B-193239 1 (1979-01-19)

handle is hein.gao/gaobadgvl0001 and id is 1 raw text is: 5 4. THE COMPTROLLER GENERAL DECISIDN .7 . OF* THE UNITED STATES SWASHINGTON, D.C, 20548 FILE: B-193239 DATE: January 19, 1979 ATTER OF:Intermountain Sanitation Servi DIGEST: Inadvertent failure of contracting activity to send incumbent contractor invitation for new fiscal year pro- curement is not compelling reason to question award when there is no evi- dence of conscious or deliberate effort by activity to preclude con- tractor from competing and competition resulted in award at reasonable price. Intermountain Sanitation Service protests the award of a contract for item No. 2 to Burney Garbage Disposal by Region 5 of the Forest Service under invitation for bids No. R5-06-78-41 on the basis that the contracting activity did not furnish it a copy of the invitation and thus did not allow it to compete for the procurement. The invitation was issued on August 29, 1978. Copies of it were sent to two Forest Service Districts, to the Regional Office, and to two post offices for posting. Apparently, also, the procurement was advertised by news- paper. Nine potential bidders (including Intermountain) were sent copies of the invitation package. The copy sent to Intermountain was mailed to the address for that firm that was on the bidders list, and therein arose the failure of the protester to receive it. The address on the bidde s list was that of the former owner of Intermountain. Even though the protester had acquired the company a year or so ago, was the party performing the 1977-1978 contract for the services in question, and was receiving payment at its present address, the address for Intermountain that was on the bidders list had inadvertently not been changed. The protester only learned of the procurement when the former owner of Intermountain informed it on September 19 (the bid opening date) of the fact that he had received the invitation. The protester contacted the contracting officer regarding the matter, but by that time bids had already been opened.

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