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B-178886 1 (1973-10-03)

handle is hein.gao/gaobaadfl0001 and id is 1 raw text is: 

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                               --0T 3                         '1973
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        Fried, Frank, Harrio$ ShrvEr
          and KUmpalman
        Attoraey at Lw                 T4
        600 Raw 11ampehire Avenue, NW.
        Wao'hinstons Do C6 20037                                              
              AttentionasKennethivekramr, equire


         Gentlewent

              Further reference is made to your letters dated June 12 and
        August 16, 1973, protesting on behalf of 11obility Systems and Equip-
        befnt Company (HUSE)against its exclusion from negotiations under
        request for proposals (RYP) No, DOT-UT-30008, esbed by the Depa4rt-
        moat of Transportation.

              You contend that the olicitatlon failed to inform offerors          a
 . .    how the Govornment would evaluate their cost proposals and the
        anticipated cost-shari g by contractors; that the evaluation factors
        fit forth in the RFP were no broad as to be zeaningloss; and that
        11H was arbitrarily determined to be outside the competitive range
        and excluded from negotiations. You state that the determination
        that HSE was not ithin the competitive range was premised largely
        ..upon the Govrnment's erroneous belief that a small minority-owned
        business such as ME should not and could not compete against the
 4149   ;'gitzts' of Aaerican industry.

.             For the reasons stated below, your proteat is denied,

              The above-referenced soliditatioa for design concepts of a
        Dual M{ode Transit System Program was issued on February 6, 1973. A
        bidders conference was hold on February 28, 1973, at which SE was
        present. The questions and ansmrs discussed during the conference
        were tncorporated into Amendment 1 to the solicitation, which was
        issued on farch 13, 1973. Questions 1 through 11. and 17 of Amend-
        sent I dealt with coat and cost-haring consideration, and the re-
        maining 32 questions ot a technical nature. The closing date for
        receipt of technical proposals was April 2, 19733 and the cost and
        busines management proposals were dtve on April 9, 1973. S E par-
        ticipat.6 in the procurement until the procuring agency advised It t.

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