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B-179462 1 (1973-11-12)

handle is hein.gao/gaobaadlh0001 and id is 1 raw text is: I I I r ,, I ,, ,is O4 'tI CAF rCOMPTROLLJER GEHtEAL OF TIlE UNITED STATES WMSHIriGTOH, D.C. &W4, Na19a-,ysbot 12, 1973 esto wBrtdy CozpuWa norIOrate, 95 Weit Jftfls Road Huntington Station9 Ne York 11746 Attention: r. Frank 3. )ild ebrnd President Gentlecent f eezence isade to your lettera of AuiMiwt 4 and ep- tember 10, 19 3 protesting the reJeotio aof your bid as non- responsive under olicitation 11o. 3130790, issued by the Brookhayen htiona Laboratory, Ansooirterl Univornitics, Upton, Long YIslad, New York$ for the Atomic lortW Comission (AEC). The subject solicitation conthsplated & fixed-price contract fo the conutznctiom at an addition to A'e E0 ,at Rxprlnontal DtUding P12 AGE in accordance with the spec tJieatione set forth therein. In effecting the procurement it appecrs that Brookhaven was ncting under its prima cost-type contract with AEC to operate the laboratory. Accordinglyp the procurement Ma been effected for theAEO pursuant to s regulation requirrg the uw of com- petitive bidding pracedure (ABC0 rocurcsnt Reg iation 9-59.0003) and the matter is properly for our coniuoMtion as a bid protest of an award ando tor an agency of the FeerlmCoverent,L 0hM 20.1(a). Included in the specifications waa At'achment C, identified as bid Conditions, Aifirmtive Action Re qremente, Zual flployn aent Opportunity. It was stipulated thers'n at ;14g0 7 that a bidder would not be eligible for award of e contriot under the irdu.tation unless the rvsjuired ccrtiticat.io;i rolative to Qftirmative action reqi irments wa nubmit.fied an art, of the bi.d. At page 9 bidders were admonished that the referenced nertSfftcation was matoril and that failure to submit the certification would render the bid - rnonespgnaive. Bince yoa tfiled to submit the cort-1fictiei with your bJd, Erookhaven rejectod your low bid ua nonreponsiee You argue thit it was not necessary to provide the atfir\tive action crtifkation prior to bid oiwning bWcuae the letter wthach accompaned the initation for bids 4idnwt,#po1ficafl, a requLiro - - • ,. t.&, I I

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