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B-179154 1 (1973-09-26)

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                                                        9                      44
              * 849154September 26, 1973 35                                      b




              (atlonal Scientific Corporation
              2300 Ninth Street, South
              Arlington, Virginia 22204
                            4
                    Attention: Mr. W, Edward Weems, Jr,
                               President

              Gointlemen
                   We have carefully copisidered the protest of the National
               ScAentific Corporation (NSC) againot the negotiated award of a
               cocitract to the E, F., Shelley and Cumpany (Shelley) by the Office
               of Administrative Planning and Services (OAPS) for the Office ,pf
               Federal Elections (OFE), To the 'extent pbssiible we have processed
               , .the protest in accordance with our bid protest procedur'es,  However,
               In view of the i'.volj'-ment of our Office as the 'ontracting agency,
               the protest cannot be considered in the same light as one involving
               another agency, Nevertheless, OFE's award selection procedures have
               been carefully examined b.y staff members who were not involved in
               the negotiation and award of the contract to Shelley,

                   The contract was awarded on July 10, 1973o The next day SC
              'formally protested OFE's deternination that an &ward to Shelley
              was most advantageous to the Governmentl price au:d other factors
              cepnsidered, Performance of the contract has been suspended pending
              resolution of the protest.

                   The procurement instructions applicable to OAPS and OFE          , .
          .   requie' the disclosure of the factors to be used in the evaluation
              of proposals and their relative irportance, Negotiated procure-
              *  ments must be competitive to the maximum extent practicable.  To
              this end? written or oral discussions are required with all
              offerors.submttting proposals which are determined to be within
              the ccm petitive range, price and other factors considered.
     .        Accoraingly, we have Judged OFE's conduct against the standards
              generally applicable to competitively negotiated procurements.

                   Based on our consideration of the substantial record                 .
              aubwttted by OFE and the submissions of the interested parties,
              -we believe that the protest of DSC must be denied. The
              circumstances aknd reaons prompting this conclusion follow.
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