About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-196914 1 (1980-10-14)

handle is hein.gao/gaobadipv0001 and id is 1 raw text is: 1P~ OLR /5Y6C 7 0 o' 4THE COMvPTROLLER GENERAL DECISION OF THE UNITED STATES W / WASHINGTON. D.C. 20548 FILE: B-196914 DATE: October 14, 1980 MATTER OF: Biospherics, Inc. -- Reconsideration DIGEST: Decision is affirmed upon reconsideration where protester has failed to show that deci-sion was as matter of law incorrect in holding that descriptive literature may be required only in connection with products and not services since appli- cable. regulations and GAO decisions are clear on this point. Biospherics, Inc., the awardee of the contract under invitation for bids (IFB) No. 0060-AA-66-1-0-BM Tfor onsite laboratory services for wastewater treatment for the District of Columbia (DC) requests reconsidera- tion of our decision7Lapteff Associates, Martel Lab- oratories, Inc., Kappe Associates, Inc., B-196914, B-196914.2, B-197414, August 20, 1980, 80-2 CPD 135. In that decision, we concluded that the solicitation was defective and the three low bids were improperly rejected as nonresponsive. We recommended that the contract award for 1 year not be disturbed, but recom- mended that the options for additional years of per- formance not be exercised and that the procurement be solicited on a proper basis. Clause 28 of the IFB required that bidders submit a detailed outline and narrative indicating how they proposed to comply with required quality control and quality assurance requirements. The IFB clause also provided a bidder could be found nonresponsive for failure to comply with the requirement. The three low bids were rejected for failing to satisfactorily comply with the requirements of clause 28. We determined that the solicitation was defective because the DC procurement procedures' descriptive lit- erature requirement did not apply to services, but in- stead was limited by language and purpose to products. We also referred to the descriptive literature provision L7-- /`7 -r~,~r ~-rrr- rrn~V,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most