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B-265869 1 (1996-01-02)

handle is hein.gao/gaocrptadtb0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: Marine Research Specialists

File:        B-265869

Date:       January 2, 1996

Eiji Imamura, Marine Research Specialists, for the protester.
Fred Kopatich, Esq., and Alden F. Abbott, Esq., Department of Commerce, for the
agency.
Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Agency improperly failed to provide a common basis for competition or obtain full
and open competition where it timely provided some offerors with reports prepared
under the incumbent contract, which the solicitation stated would be made
available, but advised the protester to seek the information under the Freedom of
Information Act; only provided the protester with this material information 2 days
before the proposal due date; and then declined to extend the proposal due date,
which effectively resulted in the protester's being able to submit a proposal on a
common basis.
DECISION

Marine Research Specialists (MRS) protests the agency's failure to timely provide
certain information under request for proposals (RFP) No. 50-DGNF-5-00079, issued
by the Department of Commerce, National Oceanic and Atmospheric Administration
(NOAA) for a marine recreational fishing survey.

We sustain the protest.

NOAA issued the RFP on July 11, 1995, to obtain a contractor to conduct the 1996
National Marine Fishery Statistics Survey (NMFSS), with options to conduct the
survey in 1997 and 1998.1 The RFP contained detailed instructions for the
preparation of technical, management, and price proposals, and set forth a best



1The NMFSS consists of a telephone survey of recreational fishing by residents in
coastal counties and a field intercept survey of anglers returning from recreational
fishing trips. The purpose of the NMFSS is to collect statistics on the status of
marine recreational fishery resources.


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