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B-192983 1 (1979-01-30)

handle is hein.gao/gaobadgwk0001 and id is 1 raw text is: ~THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-192983 DATE: January 30, 1979 MATTER OF: Thiokol Corporation (HLrb67&'$ DIGEST: Inadvertent failure of procurement activity to send EiEm invitation -Ear procurese- is not compelling reason To es ci to question award when there is no evidence of conscious or deliberate effort by activity to preclude firm from competing and adequate competi- tion resulted in award at reasonable price. Invitation for bids No. RM55-8-44 was issued by the $ Federal Aviation Administration (FAA) for the procurement of three oversnow vehicles. Only one bid was received, and award was made to that bidder. The Thiokol Corporation protests the award made on this basis and the failure of the FAA to solicit it and two other firms, all of whom had on a regular basis submitted bids in the past. It believes that in making the award without soliciting these three firms and on the basis of only one received bid, the FAA was in violation of the procurement regulations which re- quire full and free competition on Government procurements as well as the proper solicitation of competitive bids. A total of 16 prospective bidders was originally sent copies of the invitation. In addition, the procurement was synopsized in the Commerce Business Daily and the bid package was posted in the procurement office. One bidder (the subse- quent awardee) requested, and was sent, a copy of the invita- tion after seeing the advertisement in the Commerce Business Daily. Subsequently, another invitation was also sent to another potential bidder. The failure to send copies to Thiokol and the other two firms (as well as others) was appar- ently the result of a secretarial clerical mistake in retyping an old bidders list. The one bid received was compared with other bid prices received over the last 2 years, taking into account all relevant considerations, and the price was deter- mined to be reasonable.

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