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B-189884 1 (1979-03-29)

handle is hein.gao/gaobadhbi0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIoN . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-189884 DCATE: March 29, 1979 MATTER OF: Serv-Air, Inc.- Reconsideration DIGEST: ¾6t 3 1. Plain language of Truth in Negotiations Act, legislative history of act, regulatory implemen- tation, and history of implementation all support application of adequate price competition exemption to requirement for submission of certified cost or pricing data to fixed-price incentive contracts. Agency properly did not require proposed awardee to submit certified cost or pricing data since such data need not be submitted where price is based on adequate price competiti6n./ Adequate price competi- tion was achieved where RFP permitted award to other than low-priced offeror, price was substantial evalu- ation factor (30 percent), price evaluation did not have effect of eliminating price as evaluation factor, two proposals were in competitive range, and Govern- ment made award to best technical proposal for the dollar. 3. Request for conference is denied, since Bid Protest Procedures do not explicitly provide for conference on reconsiderations of decisions, and matter can be resolved without conference. Serv-Air, Inc. (Serv-Air), has requested reconsid- eration of our decision in Serv-Air, Inc., 57 Comp. Gen. 827, 78-2 CPD 223, which denied its protest of the award of a contract for the operation and maintenance ofjjVance &//L ir Force Base Oklahorna(alncc), to Northrop Worldwide Aircratt Services, Inc. (Northrop). y oif? Original Decision and Grounds for Reconsideration Serv-Air's grounds for protest were as follows: 1. The technical evaluation criteria were designed to give special weight to recent experience rather than the quality of services offered.

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