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B-208366 1 (1983-03-07)

handle is hein.gao/gaobadkxp0001 and id is 1 raw text is: 

                       . THE COMPTROLLER GENERAL
,DECISION                OF THE UNITED STATES
                         WASHINGTO N. 0. C. 20548




 FILE: B-208366                DATE:    March 7, 1983

 MATTER OF: Bus Industries of America, Inc.


 DIGEST:

     Grantee's decision to reject both bids received
     under IFB and to negotiate with both offerors
     to effect a technically acceptable contract
     was proper where both bids were originally
     nonresponsive because they failed to meet
     salient characteristics in brand name or equal
     procurement. After both firms were given
     opportunity to cure deficiencies, protester's
     offer was still unacceptable in several areas
     while awardee's offer substantially satisfied
     grantee agency's minimum needs. Awardee's one
     minor deviation from specifications was accept-
     able to grantee agency's technical personnel,
     and, in view of number of deficiencies still
     found in protester's proposal, award to awardee
     was justified.

     Bus Industries of America, Inc. (Bus Industries), has
submitted a complaint concerning the award of a contract by
the Transit Authority of Northern Kentucky (TANK) to Gillig
Corporation (Gillig). TANK is a recipient of Federal grant
funds from the Urban Mass Transportation Administration
(UMTA), Department of Transportation, pursuant to UMTA
grant projects Nos. KY-03-0019 and KY-05-0011. Bus Indus-
tries charges that TANK improperly awarded the contract
to Gillig, even though the bid submitted by Gillig was
nonresponsive. Our review is undertaken pursuant to 40 Fed.
Reg. 42406 (1975).

     We find that Bus Industries' complaint is without
merit.

     The invitation for bids (IFB) called for furnishing ten
35-foot, heavy-duty, air-conditioned buses. In addition to
the IFB, the procurement documents included general con-
ditions and instructions, special provisions, and technical
specifications. The technical specifications described the
vehicles to be furnished in some detail. For most major


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