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B-194110 1 (1980-01-09)

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                        THE  COMPTROLLER GENERAL*
DEECISION       &   (j  OF   THE   UNITED STATES
                        WAS  H IN G TO N.  .C. 20548



FILE:        B-194110         DATE: January 9, 1980

ATTER   OF:     Telephonics Corporation-Ogg


DIGEST:
1.    When statements by protester and contracting
      agency conflict as to availability of records
      allegedly required for preparation of pro-
      posals, in absence of additional evidence
      from protester, who has burden of proof, GAO
      cannot conclude that the records were avail-
      able.

 2.   When contracting agency determines that records
      requested by potential offeror for preparation
      of proposal are either unavailable or incom-
      plete, agency need not extend closing date
      for receipt of proposals for purpose of dis-
      tributing records to all offerors.

 3.. Where information on existing telephone system is
     unavailable or incomplete, but extent of work
     required for new system may be estimated by offerors
     making site visits, agency need not spend great sums
     of money to eliminate need for site visits, and
     specifications are sufficiently definite.

 4.   Contracting agency is not required to com-
     .pensate for advantage of incumbent contractor
     unless  it results from preference or unfair
     action on part of Government.

     Telephonics Corporation (Telephonics) protests the
 award of a contract for furnishing, installing, and main-
 taining an automatic telephone system at the United States
 Coast Guard Academy, New London, Connecticut.-   o

       The protester argues that the solicitation failed
 to provide sufficient information to allow it to prepare
 a proposal intelligently and favored the local, operating
 telephone company, which had installed and maintained
 the existing phone system and thus had exclusive access to
 records showing details of that system. For the following
 reason, we find Telephonics' protest without legal merit.

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