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B-195009 1 (1980-03-05)

handle is hein.gao/gaobadibe0001 and id is 1 raw text is: 

                        THE  COMPTROLLER GENERAL
DECISION      .       . OF  THE   UNITED STATES
                        WASHINGTON. D.C. 20548




FILE:    B-195009             DATE: March 5, 1980

MATTER  OF:    Alderson Reporting


DIGEST:


      Award may be made under ambiguous
      IFB where record shows that pro-
      tester was not misled, Govern-
      ment's actual needs would be met,
      and other bidders would not be
      prejudiced.

      Alderson Reporting (Alderson) protests the
 award of a contract for reporting and transcribing
 services to Ace-Federal Reporters, Inc. (Ace-Federal)
 under invitation foTr htid -OB) No. D/L 79-7 issued
 by the Department of Labor (DCL). Alderson contends       /
   at the soiciTation contained-conflicting provision
 with respect to whether the contractor would be per-
 mitted to sell cQpies of transcripts to the public,
 which substantially affected the firm's bid prices.
 For the reason set forth below, the protest is denied.

 Basis for Protest

      The solicitation was issued on May 8, 1979.
 Article II, the Schedule of Services/Prices, listed
 six items, A through F, each involving services for
 public hearings, conferences, or meetings in different
 locations, for which a bidder was to enter a price
 per transcript page; Article VIII gave estimated num-
 bers of pages for each item. All item descriptions
 included a statement that copies of any transcripts
 prepared may be sold to the public. Bid prices were
 to be weighted according to prescribed factors cor-
 relating to the percentage of the total work that
 each item represented. The weighted prices were to
 be added together and award was to be made on the
 basis of the low cumulative weighted price.

     Alderson protests that Articles XIII and XIV of
 the IFB conflict with each other. The former provides:



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