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B-183964 1 (1978-03-31)

handle is hein.gao/gaobadtfw0001 and id is 1 raw text is: 0~.LEA J-209 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 B-183964 MAR 3 11978 Dr. Robert K. McConnell, Jr. President Earth Sciences Research, Inc. 14 Stevens Terrace Arlington, Massachusetts 02174 Dear Dr. McConnell: We refer to your letter dated March 8, 1978, as to our decision in the matter of Earth Sciences Research, Inc., B-183964,.-January 27, 1978. Your letter suggests uncertainty regarding the letter format of our January 27 decision to the Secretary of the Interior and the statement therein that practical considerations prevented contract termination and other remedial relief. It was, and remains, your intention to seek appropriate relief once the protest was resolved and the full facts of the case became available. We recognize that a protest is filed with the expectation of receiving relief in the form of the contract award or the opportunity to participate in the award competition. In this case it was not feasible to terminate the procurement or remand the. award decision for further technical evaluation by the procuring agency. Under the circumstances and in view of the investigative effort required by us to resolve your protest, we concluded that our decision should be communicated through the use of a letter format. This, however, in no way detracts from the legal effect of its contents as a decision of the Comptroller General. Your letter of March 8 also requests a formal determination that the contract award properly should have been made to your firm. Although our decision concludes that the procuring agency did not properly determine which proposal was superior, it stopped

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