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B-200814 1 (1981-08-03)

handle is hein.gao/gaobabkdb0001 and id is 1 raw text is: WASHINGTON D.C. 20548 !'': COMPTROLLER GENERAL OF THE UNITED STATES B-200814 August 3, 1981 The Honorable James G. Watt The Secretary of the Interior Dear Mr. Secretary: Enclosed is a copy of our decision of today sustaining the protest by Law Engineering Testing Company against the award of a contract under Bureau of Indian Affairs request for proposals (RFP) BIA-MOO-80-47. We have sustained the protest because the RFP failed to state the relative weight of cost versus technical factors. Please also note our obser- vation with respect to the applicability of the Brooks Act, 41 U.S.C. 5 541 et seq. (1976), to the procurement. As the decision indicates, the extent of performance under the contract precludes a recommendation for corrective action with regard to this procurement. We recommend, however, that action be taken consistent with our decision regarding future procurements. In addition, we direct your attention to that part of the decision where we discuss the extraordinary delay we encountered in receiving a report on the protest from BIA. Pursuant to section 20.3 of our Bid Protest Procedures, 4 C.F.R. part 20 (1980), we anticipate that an agency will submit a report on a protest within 25 working days. As we stated in the decision, that section reflects both what we consider to be a sufficient period for the preparation of a report, and our concern that the expeditious handling of a protest is indispensable to the orderly process of Government procurement and to the protection of protesters and other parties. See also Federal Procurement Regulations 1-2.407-8(a)(4) (1964 ed.). We believe that the circumstances indicate a need for review of your agency's procedures for furnishing these reports in order to assure that similar problems do not L~~ 4W2t41f ~dQ

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